Affidavit of Heirship in Delaware
Whether Delaware lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. 12 Del. C. § 2306
| Affidavit / determination of heirship | No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. Real estate in the decedent's sole name passes through an estate opened with the Register of Wills, unless it passes by a transfer on death deed or survivorship. Re-verified 2026-10-27. Source: 12 Del. C. § 2306 |
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| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent. If the decedent left a parent but no descendants, or left descendants who are all also the surviving spouse's descendants, the spouse takes the first $50,000 of personal property plus half of the rest of the personal property, plus a life estate in the real estate. If any of the decedent's descendants are not the surviving spouse's, the spouse takes half of the personal property plus a life estate in the real estate. Whatever does not go to the spouse goes to the decedent's descendants (by family branch), then parents equally, then the parents' descendants (siblings and their lines), then next of kin. An heir must outlive the decedent by 120 hours. Re-verified 2026-10-27. Source: 12 Del. C. §§ 502, 503, 504 |
More Delaware estate law
- Medical Power of Attorney in Delaware
- Small Estate Affidavit in Delaware
- Power of Attorney in Delaware
- Quitclaim Deeds and Transferring Property in Delaware
- Who Inherits If You Die Without a Will in Delaware
- How to Make a Valid Will in Delaware
- How Probate Works in Delaware
- Living Wills and Advance Directives in Delaware
- Revocable Living Trusts in Delaware
- Executor Duties in Delaware
- Letters Testamentary in Delaware
- How to Avoid Probate in Delaware
- Transferring a Car After Someone Dies in Delaware
- All Delaware wills, probate and estate rules
FAQ
Does Delaware have an affidavit of heirship?
No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. Real estate in the decedent's sole name passes through an estate opened with the Register of Wills, unless it passes by a transfer on death deed or survivorship.
Who inherits if someone dies without a will in Delaware?
Surviving spouse: everything if the decedent left no descendants and no parent. If the decedent left a parent but no descendants, or left descendants who are all also the surviving spouse's descendants, the spouse takes the first $50,000 of personal property plus half of the rest of the personal property, plus a life estate in the real estate. If any of the decedent's descendants are not the surviving spouse's, the spouse takes half of the personal property plus a life estate in the real estate. Whatever does not go to the spouse goes to the decedent's descendants (by family branch), then parents equally, then the parents' descendants (siblings and their lines), then next of kin. An heir must outlive the decedent by 120 hours.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.