# Delaware SB 123: AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN Delaware SB 123, AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN, is a 153rd General Assembly (2024–2026) Senate bill sponsored by Spiros Mantzavinos (Democratic); status signed, last action 2025-08-21 (Signed by Governor) (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/DE-SB123-153 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware SB 123 - State: Delaware - Session: 153rd General Assembly (2024–2026) - Title: AN ACT TO AMEND TITLE 12 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE INHERITANCE RIGHTS OF ISSUE AND POSTHUMOUS CHILDREN - Status: signed - Chamber: Senate - Introduced: 2025-05-01 - Last action: 2025-08-21, Signed by Governor - Sponsor: Spiros Mantzavinos (Democratic) - Cosponsors: 2 - Touches household money: no - Roll calls: 2 (61 yes, 0 no in all) - Economic provisions PRIA read: 6 ## Summary No summary available. ## Bill overview: provisions PRIA read - Inheritance protection for children after wills: benefit, high. The law protects a child whose parent becomes their parent after making a will. The child receives the share they would inherit if the parent died without a will. This applies only when neither the will nor another arrangement provides for the child, individually or in a group. It covers both guara… - Older birth-status inheritance rules are removed: cost, medium. The law repeals three separate inheritance rules based on birth outside marriage. One sent a deceased person’s estate to their mother, or her heirs, when the person left no will or descendants. Another let children born outside marriage, or their descendants, share in their mother’s estate when she… - Inheritance rights for children born later: mixed, high. For inheritance without a will, a child born after someone’s death can count as living at that person’s death. The child must live at least 120 hours after birth. A pregnancy underway at death qualifies if it results in the child’s birth. For assisted reproduction started after death using the dece… - Parentage rules shape who can inherit: mixed, high. For inheritance without a will, parent-child ties follow Delaware’s parentage law and apply to children of any age. Adoption generally makes someone the adopting parent’s child, not the birth parent’s child. Adoption by a birth parent’s spouse preserves the child’s relationship with that birth pare… - Family definitions guide wills and trusts: mixed, medium. Wills, trusts, guardianship accounts, and other governing documents use the law’s definitions of “child” and “parent” unless they say otherwise. The term “issue” means descendants and keeps its family-branch sharing rule: descendants take their deceased ancestor’s share. Adopted people count as des… - Relatives share estates under revised rules: mixed, medium. When someone dies without a will, the estate portion not going to a surviving spouse first goes to descendants. If none survive, it goes to the parents equally; if neither survives, it goes to the parents’ descendants. That last category replaces the older wording about siblings and deceased siblin… ## Sponsors and cosponsors - Sponsor: Spiros Mantzavinos (Democratic), Senate - Cosponsor: William Bush (Democratic), House - Cosponsor: John "Jack" Walsh (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-06-30 | House | Passed (SM required) | pass | 40 | 0 | | | 2025-06-24 | Senate | Passed (SM required) | pass | 21 | 0 | | ## Actions (9) - 2025-08-21: Signed by Governor (Governor) - 2025-06-30: Passed By House. Votes: 40 YES 1 VACANT (House) - 2025-06-26: Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits (House) - 2025-06-25: Assigned to Economic Development/Banking/Insurance & Commerce Committee in House (House) - 2025-06-24: Passed By Senate. Votes: 21 YES (Senate) - 2025-06-24: Amendment SA 1 to SB 123 - Passed By Senate. Votes: 21 YES (Senate) - 2025-06-18: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 7 On Its Merits (Senate) - 2025-06-17: Amendment SA 1 to SB 123 - Introduced and Placed With Bill (Senate) - 2025-05-01: Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate) ## Bill text - Current, 2025-05-01: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142175&legislationTypeId=1&docTypeId=2) ## Related bills - HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house) - HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed) - SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed) - HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed) - HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed) ## Sources - [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142175&legislationTypeId=1&docTypeId=2) ## Related - [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153) - [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153) - [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153) - [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153) - [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153) - [Delaware bills](https://policyrisk.com/states/delaware/bills) - [Delaware state hub](https://policyrisk.com/states/delaware) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/DE-SB123-153 (as of 2026-10-12).