How to Avoid Probate in Delaware

Non-probate options in Delaware include: transfer on death deeds for real estate, recorded before death (25 Del. C. § 201 and following); transfer-on-death registration of securities and brokerage accounts under the Uniform TOD Security Registration Act (12 Del. C. §§ 801-812); jointly owned property, which is excluded from the small estate limit; property held in a funded revocable trust (12 Del. C. § 3337); and the small estate affidavit for personal property of $50,000 or less when there is no solely owned Delaware real estate (12 Del. C. § 2306).

If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property.

Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form.