About Delaware,
Delaware follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Delaware intestate law (12 Del. C. § 502) determines your share. The small-estate threshold is $30,000, and typical probate takes Approximately one year.
Delaware does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Delaware classifies marital property and what a surviving spouse typically receives if there is no will.
How Delaware Classifies Marital Property
Common Law (Equitable Distribution) (13 Del. C. § 1513)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | First $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate. |
| Children from prior relationship | One half of the intestate personal estate, plus a life estate in the intestate real estate. |
One-third of the elective estate
Deadline to File
- Delaware filing window
- 6 months after the grant of letters testamentary or of administration
Home Protections for Surviving Spouses
Delaware law provides for a homestead exemption, but the specifics for a surviving spouse, including the exemption amount and right to remain in the home, are not clearly defined in the conducted research.
Keep Their Memory Alive With a Personalized Memorial Song
A personalized memorial song captures who they were and how much they meant to you—a beautiful keepsake you can return to whenever you need to feel close.
Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $30,000 |
| Typical probate timeline | Approximately one year |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Delaware does not have a state estate or inheritance tax. |
Deadlines You Cannot Afford to Miss
Delaware-Specific Rules
The estates of dower and curtesy are abolished (12 Del. C. § 511).
Delaware Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Delaware.
- Is Delaware a community property state?
- Delaware is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (13 Del. C. § 1513)
- What does a surviving spouse inherit without a will in Delaware?
- No children: Entire estate With children: First $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate. Stepchildren or children from a prior relationship: One half of the intestate personal estate, plus a life estate in the intestate real estate.
- What is the elective share right in Delaware?
- One-third of the elective estate Deadline: 6 months after the grant of letters testamentary or of administration
- What is the small-estate threshold in Delaware?
- $30,000. Typical probate timeline: Approximately one year
- Does Delaware have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Delaware does not have a state estate or inheritance tax.
- What deadlines matter most for widows in Delaware?
- Elective share deadline: 6 months from grant of letters testamentary or of administration.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Delaware.
For Widows
Support Beyond the Paperwork
This guide covers the legal and financial side. If what you need right now is help surviving the first week after losing your husband, or making it through the months that follow, start here.
Related Resources
Honoring a loved one? Create a personalized memorial song at RememberMe.fm