DE risk area
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.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
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 this risk area helps you evaluate 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/
Risk 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.