What happens if a beneficiary of a will predeceases the testator?

When a beneficiary of a will predeceases the testator, the share typically passes to the predeceased beneficiary's heirs. This outcome is grounded in the legal principle of "representation," which allows the deceased beneficiary’s heirs—often children—to inherit the share that the beneficiary would have received if they had survived the testator. This principle aims to keep the distribution of the testator’s estate in line with their intent to provide for their family or close relations, even in the event of an unforeseen death prior to the testator.

In many jurisdictions, including Delaware, this process usually adheres to the rules of per stirpes distribution, meaning that the assets are distributed in such a way that the direct descendants of a deceased beneficiary inherit their portion. The intent here is to maintain the familial connection and ensure that the deceased beneficiary's heirs receive what their relative would have been entitled to, thus avoiding disruption in the distribution chain.

In contrast, the other options do not reflect the typical legal framework for inheritance in such situations. For instance, a distribution to the state would generally occur only if there were no beneficiaries or heirs available to inherit the estate according to the law. Moreover, dividing the share among remaining beneficiaries or not distributing it at all would disregard