How do state laws of intestacy apply to adopted children?

In the state of Delaware, adopted children are not treated any differently than biological children when it comes to intestate succession laws (the laws that decide who inherits a deceased’s property if they die without a will). Adopted children are considered the legal children of their adoptive parents and are treated in the same way as biological children under these laws. Therefore, if a person dies without a will in Delaware, their adopted children will inherit their property in the same way as biological children. It should be noted, however, that adopted children may not be able to inherit property from their biological parents if the adoption is considered to be a “closed” adoption. In a closed adoption, the adoptive parents are the only legal parents of the child and the biological parents have no legal rights. In such cases, the adopted child would not be able to inherit property from their biological parents. Overall, however, adopted children have the same rights as biological children when it comes to Delaware’s intestate succession laws. This means they inherit property in the same way that a biological child would if their parent dies without a will. If there are no surviving children, the property will pass to the deceased’s spouse or, if there is no surviving spouse, to the deceased’s parents or siblings.

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How do state laws of intestacy apply to adopted children?

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