If a decedent has no surviving issue or parents, what does the spouse receive under intestacy?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

When a decedent dies intestate (without a valid will) and has no surviving issue (children) or parents, the spouse is entitled to receive the entire intestate estate. This provision is rooted in Delaware’s intestacy laws, which prioritize the surviving spouse in the absence of direct descendants or parents.

In scenarios where there are no children and no living parents, the law recognizes the spouse as the closest living relative deserving of the decedent's assets. This framework is intended to ensure that the surviving spouse is provided for comprehensively, thereby reflecting the significance of the marital relationship in the distribution of estate assets.

Other options suggest limited rights or no rights at all, which would not align with the intent of intestacy statutes in Delaware, emphasizing the spouse's rights in such situations.

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