Share of spouse.
Del. Code tit. 12, § 502
in effectThe intestate share of the surviving spouse is:
(1) If there is no surviving issue or parents of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the 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;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the 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;
(4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title12/c005/index.htmlFetched: 10/4/2026