reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 210. Alteration, theft or destruction of will; class E felony.

§ 210. Alteration, theft or destruction of will; class E felony.
Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots, blurs, hides, conceals, destroys, misplaces with intent to conceal or commits an act of theft of any instrument of writing purporting to be or in the nature of a last will and testament and intended to take effect upon the death of the testator, whether the person shall have been given custody or possession thereof by the testator, or shall have obtained custody or possession of the purported last will and testament in any other manner whatsoever, shall be guilty of a class E felony.
27 Del. Laws, c. 268, §  1;  Code 1915, §  3264;  Code 1935, §  3728;  12 Del. C. 1953, §  110;  59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 211. Testamentary additions to trusts.

§ 211. Testamentary additions to trusts.
(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument other than a will executed before, concurrently with or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death.
(b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.
66 Del. Laws, c. 278, §  1;  71 Del. Laws, c. 76, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 212. Bequest of tangible personal property by separate writing.

§ 212. Bequest of tangible personal property by separate writing.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing:
(1) Must either be in the handwriting of the testator or be signed by the testator and must identify the items and the legatees with reasonable certainty;
(2) Must not be inconsistent with the terms of the will; and
(3) Must not be inconsistent with any other writing permitted by this section unless the writing is dated in which case the writing with the latest date will control.
Notwithstanding the foregoing, in the case of a writing that includes both provisions for dispositions that are consistent with the terms of the will or any other writing permitted by this section and provisions for dispositions that are inconsistent with the terms of the will or any other writing permitted by this section, such writing shall be admissible under this section as evidence of the intended disposition of those items of tangible personal property that would be disposed of by the provisions of the writing that are not inconsistent with the terms of the will or any other writing permitted by this section. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;  77 Del. Laws, c. 98, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 213. Rules for construction or interpretation of will [For application of this section, see 81 Del. Laws, c. 320, § 8].

§ 213. Rules for construction or interpretation of will [For application of this section, see 81 Del. Laws, c. 320, § 8].
In the construction or interpretation of any will the rules set forth in §  3330 of this title shall apply in the absence of any contrary expression of intent in such will.
(1)-(3) [Repealed.]
64 Del. Laws, c. 253, §  1;  65 Del. Laws, c. 422, §  2;  81 Del. Laws, c. 320, § 3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 214. Devolution of property; administration of decedents' estates.

§ 214. Devolution of property; administration of decedents' estates.
Solely for the purposes of determining the rights of any person to property of a decedent, it shall be presumed that tangible personal property acquired
(1) By a decedent through gift or inheritance, or
(2) Solely with the funds of the decedent, or
(3) Acquired by the decedent before marriage to the surviving spouse, is the sole property of the decedent notwithstanding that such property consists of household goods or that any such property was subject to joint possession and use by a decedent and the surviving spouse.
66 Del. Laws, c. 372, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 251. Definitions.

§ 251. Definitions.
In this subchapter:
(1) “Authorized person” and “person authorized to act in connection with international wills” means a person who is empowered by § 259 of this title or by the laws of the United States, including a member of the diplomatic and consular service of the United States designated by foreign service regulations, to supervise the execution of international wills.
(2) “International will” means a will executed in conformity with §§ 252 through 255 of this title.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 252. International will — validity.

§ 252. International will — validity.
(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this subchapter.
(b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
(c) This subchapter does not apply to the form of testamentary dispositions made by 2 or more persons in 1 instrument.
(d) This subchapter deals only with the form of execution of an international will. Delaware law regarding the scope of testamentary power, revocation of wills, competency of witnesses, regulation of probate, interpretation and construction of wills, and the administration of decedents' estates remains applicable to an international will.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 253. International will — requirements.

§ 253. International will — requirements.
(a) The will must be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means.
(b) The testator shall declare in the presence of 2 credible witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents thereof. The testator need not inform the witnesses or the authorized person of the contents of the will.
(c) In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the signature.
(d) If the testator is unable to sign, the absence of the testator's signature does not affect the validity of the international will if the testator indicates the reason for the inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or 1 of the witnesses, at the direction of the testator, to sign the testator's name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name.
(e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
71 Del. Laws, c. 81, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 254. International wills — other points of form.

§ 254. International wills — other points of form.
(a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
(b) The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.
(c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so, and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in § 255 of this title.
(d) A will executed in compliance with § 253 of this title is not invalid merely because it does not comply with this section.
71 Del. Laws, c. 81, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 255. International will — certificate.

§ 255. International will — certificate.
The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this subchapter for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
CERTIFICATE
I, ________________________________ (name, address and capacity), a person authorized to act in connection with international wills, certify that on ________________________________ (date) at ________________________________ (place) (testator) ________________________________________________________________ (name, address, date and place of birth) in my presence and that of the witness (a) ________________________________ (name, address, date and place of birth) and (b) ________________________________________________________________ (name, address, date and place of birth)
has declared that the attached document is his or her will and that he or she knows the contents thereof.
I furthermore certify that:
(a) In my presence and in that of the witnesses:
(1) The testator has signed the will or has acknowledged his or her signature previously affixed.
(2) * Following a declaration of the testator stating that he or she was unable to sign the will for the following reason ________________________________, I have mentioned this declaration on the will, * and the signature has been affixed by ________________________________________________________________ (name and address);
(b) The witnesses and I have signed the will;
(c) * Each page of the will has been signed by ________________________________ and numbered;
(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
(e) The witnesses met the conditions requisite to act as such according to the law under which I am acting;
(f) * The testator has requested me to include the following statement concerning the safekeeping of the will:
________________
PLACE OF EXECUTION
________________________________________________________________   DATE
________
________________________________________________________________   SIGNATURE and, if necessary, SEAL
* to be completed if appropriate
71 Del. Laws, c. 81, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 256. International will — effect of certificate.

§ 256. International will — effect of certificate.
In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this subchapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this subchapter.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 257. International will — revocation.

§ 257. International will — revocation.
An international will is subject to the rules of revocation of wills appearing at §§ 208 and 209 of this title.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 258. Source and construction.

§ 258. Source and construction.
Sections 251 through 257 of this title derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this subchapter, regard shall be had to its international origin and to the need for uniformity in its interpretation.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter II. Delaware Uniform International Wills Act › § 259. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.

§ 259. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
Individuals who have been admitted to practice law before the courts of this State and who are in good standing as active law practitioners in this State, are hereby declared to be authorized persons in relation to international wills.
71 Del. Laws, c. 81, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 260. Definitions.

§ 260. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Adult” means a natural person 18 years of age or older.
(2) “Declarant” means a competent adult who signs a declaration pursuant to the provisions of this article.
(3) “Declaration instrument” means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. Such a declaration may be made within a prepaid funeral, burial, or cremation contract with a mortuary or crematorium.
(4) “Interested person” means the deceased's spouse, parent, adult child, sibling, grandchild, and other person designated in a declaration instrument.
(5) “Last remains” means the deceased's body or cremains after death.
(6) “Reasonable under the circumstances,” applied to the declarant's instructions, means appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. “Reasonable under the circumstances” implies consideration of factors that include, but are not limited to, a prepaid funeral, burial or cremation plan of the declarant; the size of the declarant's estate; the declarant's cultural or family customs; the declarant's religious or spiritual beliefs; and the known or reasonably ascertainable creditors of the declarant.
(7) a. “Third party” means a person:
1. Who is requested by a declaration instrument to act in good faith in reliance upon such instrument;
2. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument under § 264 of this title; or
3. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument.
b. “Third party” includes, but is not limited to, a funeral director, mortician, mortuary, crematorium, or cemetery.
(8) “Unreasonable” means an act that is clearly unreasonable, pursuant to the definition of “reasonable under the circumstances” under paragraph (6) of this section.
74 Del. Laws, c. 295, §  1;  77 Del. Laws, c. 296, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 261. Limitations.

§ 261. Limitations.
This subchapter shall not be construed to:
(1) Invalidate a declaration instrument or will, codicil, trust, power of appointment or power of attorney;
(2) Invalidate any act of an agent, guardian, or conservator;
(3) Affect any claim, right or remedy that accrued prior to June 30, 2004;
(4) Authorize or encourage acts that violate the constitution, statutes, rules, case law or public policy of Delaware or the United States;
(5) Abridge contracts;
(6) Modify the standards, ethics or protocols of the practice of medicine;
(7) Compel or authorize a health care provider or health care facility, to administer medical treatment that is medically inappropriate or contrary to federal or other Delaware law; or
(8) Permit or authorize euthanasia or an affirmative or deliberate act to end a person's life.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 262. Declaration of disposition of last remains.

§ 262. Declaration of disposition of last remains.
The declarant may specify, in a declaration instrument, any 1 or more of the following:
(1) The disposition to be made of the declarant's last remains;
(2) Who may direct the disposition of the declarant's last remains;
(3) The ceremonial arrangements to be performed after the declarant's death;
(4) Who may direct the ceremonial arrangement after the declarant's death; or
(5) The rights, limitations, immunities, and other terms of third parties dealing with the declaration instrument.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 263. Reliance upon declaration instruments.

§ 263. Reliance upon declaration instruments.
(a) A third party who acts in good faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a fully competent and living person. Such third party shall not be subject to criminal liability or regulatory sanction for such reliance.
(b) A third party who deals with a declaration instrument may presume in the absence of actual knowledge to the contrary:
(1) That the declaration instrument was validly executed; and
(2) That the declarant was competent at the time the instrument was executed.
(c) A third party who reasonably relies on a declaration instrument shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration instrument.
(d) The directions of a declarant expressed in a declaration instrument shall be binding on all persons as if the declarant were alive and competent.
(e) A third party who has reasonable cause to question the authenticity or validity of a declaration instrument may promptly and reasonably seek additional information from the person proffering such declaration or from other involved persons. A third party may require exhibition of the original declaration instrument or a notarized copy.
(f) A third party seeking to fulfill a declarant's intent regarding disposition of last remains or ceremonial arrangements may disregard such intent if such intent is unreasonable under the circumstances.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 264. Right to dispose of remains.

§ 264. Right to dispose of remains.
(a) The right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order:
(1) The decedent if acting through a declaration instrument;
(2) The surviving spouse of the decedent, if not legally separated from the decedent;
(3) Either the appointed personal representative or administrator of the decedent's estate if such person has been appointed; or the nominee for appointment as personal representative under the decedent's will if a personal representative or administrator has not been appointed;
(4) A majority of the surviving adult children of the decedent whose whereabouts are reasonably ascertainable;
(5) The surviving parents or legal guardians of the decent whose whereabouts are reasonably ascertainable;
(6) A majority of the surviving adult siblings of the decedent whose whereabouts are reasonably ascertainable;
(7) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than 1 person of the same degree, any person of that degree may exercise the right of disposition;
(8) In the absence of any person under paragraphs (a)(1) through (a)(6) of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the personal representative of the decedent's estate or the funeral director with the custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (a)(1) through (a)(6) of this section;
(9) The public administrator for the decedent's estate.
(b) To exercise the right to control final disposition pursuant to paragraph (a)(5) of this section, the majority of parents and guardians shall act in writing.
(c) If the assent of multiple persons under paragraph (a)(4), (a)(5), or (a)(6) of this section cannot be obtained, a final judgment of the Chancery Court of the county of the decedent's residence shall be required to exercise the right to control final disposition. Such final judgment shall be consistent with the decedent's last wishes to the extent they are reasonable under the circumstances.
(d) Notwithstanding any provision of this subchapter to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who thereafter dies while serving in any branch of in the United States Military, as defined 10 U.S.C. § 1481, shall constitute a valid form of declaration instrument and shall govern the disposition of such declarant's last remains, unless a subsequent declaration instrument has been executed by the declarant.
74 Del. Laws, c. 295, §  1;  76 Del. Laws, c. 112, §  1;  77 Del. Laws, c. 296, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 266. Declaration — other points of form.

§ 266. Declaration — other points of form.
(a) The form set forth in § 265 of this title is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with § 265 of this title, the form is properly completed, and the form is in writing, dated, and signed by the declarant.
(b) A declaration instrument may be acknowledged, but lack of acknowledgment shall not render the declaration ineffective.
(c) This subchapter shall apply to declaration instruments executed or exercised in Delaware and to declaration instruments signed or exercised by a person who is a resident of Delaware when such instrument is signed or exercised.
(d) The provisions of the most recent declaration instrument shall control over any other document regarding the disposition of the last remains.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 267. Declaration — revocation generally.

§ 267. Declaration — revocation generally.
A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration instrument with the intent to revoke such instrument.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 268. Declaration — revocation by divorce.

§ 268. Declaration — revocation by divorce.
Unless otherwise expressly provided in a declaration instrument, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declarant's spouse to direct the disposition of the declarant's last remains or ceremonies after the declarant's death. This section shall not be construed to revoke the remaining provisions of the declaration instrument.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 269. Declaration — revocation of designee.

§ 269. Declaration — revocation of designee.
Unless otherwise specified in the declaration instrument, if a declarant revokes a delegation to a person to direct the disposition of the declarant's last remains or ceremonies after the declarant's death, or if such person is unable or unwilling to serve, the nomination of such person shall be ineffective as to such person. If an alternate designee is not nominated by the declarant, § 264 of this title shall govern. This section shall not be construed to revoke the remaining provisions of the declaration instruments.
74 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter III. Disposition of a Person’s Last Remains › § 270. Interstate effect of declaration.

§ 270. Interstate effect of declaration.
(a) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have that declarant's own declaration instrument executed pursuant to this subchapter and recognized to the fullest extent possible by other states.
(b) Unless otherwise provided in the declaration instrument, a declaration instrument or similar instrument executed in another state that complies with the requirements of this subchapter may, in good faith, be relied upon by a third party in this State if an action requested by such declarant does not violate any law of the federal government, Delaware, or a political subdivision.
74 Del. Laws, c. 295, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 301. Shares of after-born children.

§ 301. Shares of after-born children.
A child born after its parent has made a last will and testament and for which such parent made no provision, vested or contingent, specifically or as member of a class, by will or otherwise, shall take the same portion of its parent's estate, both real and personal, that the child would have been entitled to if such parent had died intestate. This section shall not apply and no intestacy shall be created as to any child or children born after the date of the execution of a will in any case where the testator has provided in the last will and testament that the birth of any child or children subsequently shall not affect the will.
Code 1852, §  1654;  Code 1915, §  3252;  Code 1935, §  3716;  46 Del. Laws, c. 204, §  1;  12 Del. C. 1953, §  301;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 302. Raising share of after-born child.

§ 302. Raising share of after-born child.
Towards the raising of the portion of an after-born child, any intestate estate of the deceased, real or personal, shall be first applied and the residue of such portion, if there be a deficiency of such intestate estate to make up the same, or the whole of the portion if there be no such intestate estate, shall be contributed proportionable by the devisees and legatees, taking under the last will and testament, out of the estate or parts devised or bequeathed to them respectively.
Code 1852, §  1655;  Code 1915, §  3253;  Code 1935, §  3717;  12 Del. C. 1953, §  302;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 304. Oath of freeholders and surveyor; action by majority.

§ 304. Oath of freeholders and surveyor; action by majority.
The freeholders and surveyor and all persons employed in the premises shall, before entering upon their respective duties under the order of the Court of Chancery, be severally sworn or affirmed faithfully and impartially according to the best of their skill and judgment to perform the duties assigned them by the order under which they act. A majority of the freeholders may act in the premises.
Code 1852, §  1659;  Code 1915, §  3256;  Code 1935, §  3720;  12 Del. C. 1953, §  304;  57 Del. Laws, c. 402, §  3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 305. Vacancies among freeholders.

§ 305. Vacancies among freeholders.
The Court of Chancery may fill any vacancy occurring among the freeholders.
Code 1852, §  1661;  Code 1915, §  3258;  Code 1935, §  3722;  12 Del. C. 1953, §  305;  57 Del. Laws, c. 402, §  3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 306. Return of freeholders; conclusiveness.

§ 306. Return of freeholders; conclusiveness.
The freeholders shall return their proceedings in the premises, under their hands, to the Court of Chancery at the next stated term thereof and the same, being confirmed by the Court, shall be conclusive.
Code 1852, §  1660;  Code 1915, §  3257;  Code 1935, §  3721;  12 Del. C. 1953, §  306;  57 Del. Laws, c. 402, §  3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 307. Contribution from devisees or legatees.

§ 307. Contribution from devisees or legatees.
If the intestate real estate, allotted under the foregoing provisions, shall not, at the appraisement thereof, be equal in value to what would have been the share of the after-born child or children of the entire estate of the deceased parent, had such parent died intestate, the deficiency shall be made up from the intestate personal estate, if any, of such parent. If there shall be no intestate personal estate or not sufficient to make up such deficiency the devisees and legatees, taking under the will of the deceased parent, shall proportionately contribute such sum or sums of money as, added to the intestate estate, will be sufficient to raise the portion of such after-born child or children.
Code 1852, §  1662;  Code 1915, §  3259;  Code 1935, §  3723;  12 Del. C. 1953, §  307;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 308. Disposition of residue of intestate real or personal estate.

§ 308. Disposition of residue of intestate real or personal estate.
Any residue of intestate estate, real or personal, remaining after an allotment is made to an after-born child or children, under the foregoing provisions, shall belong to the person as by law would have been entitled to the same if no child had been born after the making of the parent's will.
Code 1852, §  1663;  Code 1915, §  3260;  Code 1935, §  3724;  12 Del. C. 1953, §  308;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 309. Application of intestacy laws to lands allotted after-born children.

§ 309. Application of intestacy laws to lands allotted after-born children.
Lands and tenements allotted to after-born children under the foregoing provisions shall be subject to all the provisions of law respecting intestate estates, as fully in all respects, as if the deceased parent had died intestate leaving no other real estate and no other issue but the children to whom the same shall be allotted.
Code 1852, §  1664;  Code 1915, §  3261;  Code 1935, §  3725;  12 Del. C. 1953, §  309;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter I. After-Born Children › § 310. Posthumous children.

§ 310. Posthumous children.
Posthumous children or children in the mother's womb, if born alive, are within the foregoing provisions respecting after-born children. Such children shall take any estate or property, real or personal, by descent, transmission, gift, devise, limitation or otherwise in the same manner as if absolutely born at the decease of its parent. If such child is not born alive, the effect shall be the same, to all intents and purposes, as if no such child had ever existed.
Code 1852, §  1665;  Code 1915, §  3262;  Code 1935, §  3726;  12 Del. C. 1953, §  310;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter II. Marriage After Will › § 321. Share of surviving spouse.

§ 321. Share of surviving spouse.
The descent or devolution of the estate, real or personal, of a married person who, before the marriage, has made a last will and testament and has not made provision for the married person's spouse by will or otherwise, shall be subject to the following rights of the surviving husband or widow:
(1) If the testator leaves a widow, she shall have the same part of his estate, real and personal, as she would have been entitled to if he had died intestate;
(2) If the testatrix leaves a husband, he shall have the same part of her estate, real and personal, as he would have been entitled to if she had died intestate.
Code 1852, §  1666;  Code 1915, §  3263;  38 Del. Laws, c. 178, §  1;  Code 1935, §  3727;  12 Del. C. 1953, §  321;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter II. Marriage After Will › § 322. Assignment of share to surviving spouse.

§ 322. Assignment of share to surviving spouse.
The part to which the surviving spouse shall be entitled under § 321 of this title shall be assigned and distributed in the same manner as if the deceased spouse had died intestate. When there are several devisees of such real estate or several legatees of such personal estate, such assignment and distribution to the surviving spouse shall be so made that each devisee or legatee shall contribute a just portion thereof.
Code 1852, §  1666;  Code 1915, §  3263;  38 Del. Laws, c. 178, §  1;  Code 1935, §  3727;  12 Del. C. 1953, §  322;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL › Subchapter II. Marriage After Will › § 323. Revocation of will by subsequent marriage.

§ 323. Revocation of will by subsequent marriage.
Subsequent marriage shall not revoke the last will and testament of a person who, by such last will and testament or otherwise, shall have made provision for a surviving spouse.
Code 1852, §  1666;  Code 1915, §  3263;  38 Del. Laws, c. 178, §  1;  Code 1935, §  3727;  12 Del. C. 1953, §  323;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 501. Intestate estate.

§ 501. Intestate estate.
Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this chapter.
59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 502. Share of spouse.

§ 502. Share of spouse.
The intestate share of the surviving spouse is:
(1) If there is no surviving issue or parents of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;
(4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate.
59 Del. Laws, c. 384, §  1;  60 Del. Laws, c. 199, §  6;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 503. Share of heirs other than surviving spouse.

§ 503. Share of heirs other than surviving spouse.
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 brothers and sisters and the issue of each deceased brother or sister, 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;
(5) Any property passing under this section to 2 or more persons passes to such persons as tenants in common.
59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 504. Requirement that heir survive decedent for 120 hours.

§ 504. Requirement that heir survive decedent for 120 hours.
Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the State under this title.
59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 507. Alienage.

§ 507. Alienage.
No person is disqualified to take as an heir because the person or a person through whom the person claims is or has been an alien.
59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 508. Meaning of “child” and related terms [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 508. Meaning of “child” and related terms [For application of this section, see 79 Del. Laws, c. 172, § 6].
If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:
(1) An adopted person is the child of an adopting parent and not of the natural parent except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent.
(2) In cases not covered by paragraph (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if legitimated pursuant to Chapter 13 of Title 13 or, notwithstanding any contrary provision of Chapter 13 of Title 13, if:
a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
b. The paternity is established by an adjudication before the death of the father or is established thereafter by preponderance of the evidence; except, that the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 172, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 509. Advancements.

§ 509. Advancements.
If a person dies intestate as to all the estate, property which the person gave in the person's lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgement provides otherwise.
59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 5. INTESTATE SUCCESSION › § 510. Debts owed to decedent.

§ 510. Debts owed to decedent.
A debt owed to the decedent is charged against the intestate share of the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue.
59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 603. Scope; property subject to disclaimer.

§ 603. Scope; property subject to disclaimer.
This chapter applies to disclaimers of any interest in or power over property, whenever created, and whether any interest in or power over property is disclaimed at the time of the creation of the interest in or power over property, or at any time thereafter as provided hereafter in this chapter.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 6. DISCLAIMER › § 604. Chapter supplemented by other law; chapter not exclusive.

§ 604. Chapter supplemented by other law; chapter not exclusive.
(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce property, an interest in property or a power over property under a law other than this chapter.
63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;