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DE SB123

Bill

Status

Passed

8/21/2025

Primary Sponsor

Spiros Mantzavinos

Click for details

Origin

Senate

153rd General Assembly

AI Summary

  • Expands inheritance rights for after-born children to include descendants of a child who predeceased their parent, allowing them to inherit the portion the child would have received if the testator died intestate

  • Clarifies intestate succession rules by specifying that individuals related to a decedent through multiple lines of relationship receive only a single share based on the largest inheritance

  • Updates definitions of "child" and "parent" for intestate succession purposes to reference parentage established under Delaware's Chapter 8 of Title 13

  • Repeals outdated statutes (§§ 1302-1304 of Title 13) governing inheritance rights of "illegitimate" persons, replacing them with modern parentage-based inheritance rules

  • Maintains existing adoption rules where an adopted person is considered the child of the adopting parent rather than the natural parent, except when a stepparent adopts

Legislative Description

An Act To Amend Title 12 And Title 13 Of The Delaware Code Relating To The Inheritance Rights Of Issue And Posthumous Children

Last Action

Signed by Governor

8/21/2025

Committee Referrals

Economic Development/Banking/Insurance & Commerce6/25/2025
Banking, Business, Insurance & Technology5/1/2025

Full Bill Text

No bill text available