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DE SB123

DE SB123
An Act To Amend Title 12 And Title 13 Of The Delaware Code Relating To The Inheritance Rights Of Issue And Posthumous Children


summary

Introduced
05/01/2025
In Committee
06/25/2025
Crossed Over
06/24/2025
Passed
08/21/2025
Dead
Signed/Enacted/Adopted
08/21/2025

Introduced Session

153rd General Assembly

Bill Summary

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

AI Summary

This bill amends Delaware's inheritance and parentage laws to clarify and update the rules for intestate succession (inheritance when someone dies without a will). The bill modifies several key provisions across Titles 12 and 13 of the Delaware Code, focusing on defining and establishing parent-child relationships for inheritance purposes. Specifically, the bill establishes that a "child" is an individual whose parentage is legally established under Delaware law, regardless of whether they were born in or out of wedlock. It clarifies that an adopted child is considered the child of the adopting parent, with some exceptions for stepparent adoptions. The bill also updates provisions related to inheritance rights, ensuring that children can inherit from their parents even if they were born after the parent's will was created, and introduces a new rule that if a person is related to a decedent through multiple family lines, they are entitled to only the largest share of inheritance. Additionally, the bill repeals several older statutes related to inheritance rights of illegitimate children, effectively modernizing the state's approach to defining familial relationships for inheritance purposes and ensuring more equitable treatment across different family structures.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Signed by Governor (on 08/21/2025)

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