DE estate risk
Complexity triggers in Delaware
Scenarios that increase estate risk, such as blended families or multi-state property.
Delaware provides a spousal elective share and a separate allowance claim that can affect distributions even when a will exists.
At a glance
Key takeaways
- A surviving spouse may elect to take one-third of the elective estate.
- A surviving spouse can claim a statutory allowance from the estate with a required filing deadline.
Questions to consider
Questions to consider in Delaware
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Delaware provides a spousal elective share and a separate allowance claim that can affect distributions even when a will exists.
- A surviving spouse may elect to take one-third of the elective estate.
- A surviving spouse can claim a statutory allowance from the estate with a required filing deadline.
Sources
- https://delcode.delaware.gov/title12/c009/sc02/index.html
- https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-2308/
Background sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Delaware.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
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Understand retirement-risk context for Delaware
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.