If there is no surviving spouse, what is the first step in the intestate succession chain?

In Delaware's intestate succession laws, when a decedent dies without a surviving spouse, the first step in the distribution of the estate involves the decedent's issue, or children, per stirpes. The term "per stirpes" means that the descendants of a deceased child will inherit their parent's share. This ensures that the assets are divided among the surviving children equally, and if any child has passed away, that child's share would go to their own children.

This prioritization of the decedent's issue reflects the foundational principle in intestate succession that the decedent's direct descendants are entitled to inherit first, ensuring that the lineage is preserved. This system is designed to keep the estate within the family lineage and uphold familial connections.

The other options are associated with subsequent levels of distribution after the issue have been accounted for. For instance, the decedent's parents would only inherit if the decedent had no children or descendants, and siblings or next of kin are positioned further down the chain in terms of hierarchy. Thus, the emphasis on the decedent's issue illustrates the legal priority given to immediate descendants in matters of inheritance.