What happens if you die without a will in Delaware?

Estate planning is more important than many people realize. Unfortunately, when you fail to plan for your death, your loved ones face challenges and delays in settling your estate.

It is important to understand what happens if you die without a will in Delaware.

The intestate process

When an individual passes away without a will in Delaware, intestacy laws apply to the estate. These laws dictate the distribution of assets based on familial relationships, leaving the state to determine who inherits what. The absence of a will can lead to unintended consequences, as the intestate process may not align with the deceased’s wishes.

The priority of inheritance

The intestate succession hierarchy follows a specific order. Spouses and children typically take precedence, with the surviving spouse inheriting a significant portion and children sharing the remainder. If the deceased has no surviving spouse or children, the hierarchy extends to parents, siblings and other relatives.

The potential complications

Without a will, conflicts may arise among family members regarding the distribution of assets. The lack of clear instructions can lead to disagreements and legal disputes, adding emotional strain during an already challenging time.

When you see the complexity of the intestate process, you can better appreciate the value of documenting your wishes. Although 64% of Americans recognize the importance of estate planning and having a will, only about half that many actually have a plan in place. Taking the time to create a will not only simplifies the posthumous process but also brings peace of mind, allowing individuals to navigate the uncharted waters of the future with confidence.



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