Sections
§ 501 Intestate estate 12
§ 502 Share of spouse 12
§ 503 Share of heirs other than surviving spouse 12
§ 504 Requirement that heir survive decedent for 120 hours 12
§ 505 Posthumous children 12
§ 506 Kindred of half blood 12
§ 507 Alienage 12
§ 508 Meaning of “child” and related terms 12
§ 509 Advancements 12
§ 510 Debts owed to decedent 12
§ 511 Dower and curtesy abolished 12
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Terms Used In Delaware Code > Title 12 > Chapter 5 - Intestate Succession

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Decedent: A deceased person.
  • Dower: A widow
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Personal property: All property that is not real property.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302