§ 503 — Share of heirs other than surviving spouse

(a) The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows:

(1) To the issue of the decedent, per stirpes;

(2) If there is no surviving issue, to the decedent’s parent or parents equally;

(3) If there is no surviving issue or parent, to the issue of the decedent’s parents, per stirpes;

(4) If there is no surviving issue, parent or issue of a parent, then to the next of kin of the decedent, and to the issue of a deceased next of kin, per stirpes.

(b) Any property passing under this section to 2 or more persons passes to such persons as tenants in common.

(c) An individual who is related to a decedent through more than 1 line of relationship is entitled to only a single share based on 1 line of relationship. If the shares from the lines of relationship are unequal, the individual is entitled to the largest share. The individual and the individual’s descendants are deemed to have predeceased the decedent with respect to the other line or lines of relationship.

Legislative History

59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1 ; 85 Del. Laws, c. 156, § 2