Small Estate Affidavit in Delaware
How to collect a loved one's property in Delaware without full probate: the dollar limit, waiting period and official form.
Short answer: 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… 12 Del. C. § 2306
| Small estate affidavit | 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. The limit was raised from $30,000 to $50,000 by 85 Del. Laws c. 281 (House Bill 333, approved June 10, 2026). The Register of Wills in each county handles small estate affidavits. Re-verified 2026-10-27. Source: 12 Del. C. § 2306 |
|---|---|
| Simplified probate | Besides the small estate affidavit, the Register of Wills may allow notice to creditors by posting only (no newspaper publication) when the gross personal estate is $30,000 or less and the gross real and personal estate together are $35,000 or less. Delaware has no separate summary administration procedure. Re-verified 2026-10-27. Source: 12 Del. C. §§ 2101, 2306 |
| Deadline for creditor claims | Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection. Re-verified 2026-10-27. Source: 12 Del. C. § 2102 |
Official forms
- Sussex County Register of Wills forms library (probate packet, inventory, accounting, Real Property Transfer on Death Deed Affidavit, Certified Small Estate Affidavit Request Form)
- Sussex County Register of Wills forms (probate packet, inventory, accounting, small estate affidavit request)
- New Castle County Small Estate Affidavit pamphlet
More Delaware estate law
- Medical Power of Attorney 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
- Affidavit of Heirship in Delaware
- How to Avoid Probate in Delaware
- Transferring a Car After Someone Dies in Delaware
- All Delaware wills, probate and estate rules
FAQ
What is the small estate limit in Delaware?
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.
Is there a simplified probate process in Delaware?
Besides the small estate affidavit, the Register of Wills may allow notice to creditors by posting only (no newspaper publication) when the gross personal estate is $30,000 or less and the gross real and personal estate together are $35,000 or less. Delaware has no separate summary administration procedure.
How long do creditors have to file claims against an estate in Delaware?
Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection.
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.