Delaware § 322 Assignment of share to surviving spouse

Delaware Statutes

§ 322 — Assignment of share to surviving spouse

Delaware § 322

JurisdictionDelaware

Title12

PartWills

Ch. 3AFTER-BORN CHILDREN; MARRIAGE AFTER WILL

Subch.Marriage After Will

This text of Delaware § 322 (Assignment of share to surviving spouse) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 322 (2026).

Text

The part to which the surviving spouse shall be entitled under § 321 of this title shall be assigned and distributed in the same manner as if the deceased spouse had died intestate. When there are several devisees of such real estate or several legatees of such personal estate, such assignment and distribution to the surviving spouse shall be so made that each devisee or legatee shall contribute a just portion thereof.

Free access — add to your briefcase to read the full text and ask questions with AI

The part to which the surviving spouse shall be entitled under § 321 of this title shall be assigned and distributed in the same manner as if the deceased spouse had died intestate. When there are several devisees of such real estate or several legatees of such personal estate, such assignment and distribution to the surviving spouse shall be so made that each devisee or legatee shall contribute a just portion thereof.

Legislative History

Code 1852, § 1666; Code 1915, § 3263; 38 Del. Laws, c. 178, § 1 ; Code 1935, § 3727; 12 Del. C. 1953, § 322

Nearby Sections

3

§ 321

Share of surviving spouse

§ 322

Assignment of share to surviving spouse

§ 323

Revocation of will by subsequent marriage

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

Delaware § 322, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/12/322.