Del. Code 12, § 502 : Decedents' Estates And Fiduciary Relations — Intestate Succession — Share of spouse Date: 15 Aug 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 The intestate share of the surviving spouse is: (1) If there is no surviving issue or parents of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate. Del. C. § 502 59 Del. Laws, c. 384, § 1; 60 Del. Laws, c. 199, § 6.;