If there are surviving issue who are all children of the surviving spouse, what does the spouse receive at intestate?

In scenarios where a person dies intestate, meaning they did not leave a valid will, the distribution of their estate is governed by state intestacy laws. In Delaware, when there are surviving issue (children) who are all children of the surviving spouse, the surviving spouse is afforded a specific portion of the estate according to the intestacy statutes.

The correct allocation under these circumstances is that the surviving spouse receives a set amount of $50,000 from the personal property as a priority claim, in addition to half of the remaining personal property. Furthermore, the spouse is entitled to a life estate in the couple's real estate. This means that they have the right to live in and use the property for the duration of their life, but they do not own the property outright. After their death, the property would go to the children.

This distribution recognizes the surviving spouse's critical role and contribution to the family unit, ensuring they have both immediate financial support and continued housing security through the life estate in the real estate, reflecting a balance of interests for both the surviving spouse and the children.

Other options do not align with this framework under Delaware law, as they offer lesser or different entitlements that would not apply when the scenario fits the criteria outlined in