Small estate affidavit in Delaware (2026)

Delaware at a glance

Affidavit cap

$50,000

Applies to

deaths on or after 2026-06-10

Waiting period

30 days

If there is a will

Can still be used

File with a court

Yes

Real estate

Not covered

Court shortcut

None beyond the small estate affidavit; otherwise regular administration through the Register of Wills

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Delaware

Say a parent who lived in Delaware died on June 10, 2026, leaving $40,000 in a bank account in their name only and no house. $40,000 is within the $50,000 cap for that date of death, so the family can use the affidavit from July 10, 2026. Had the death been in an earlier period, the cap would have been $30,000.

The rules in Delaware

• The affidavit. An eligible relative, the named executor, or another listed person swears an affidavit, issued through the county Register of Wills, and presents it to anyone holding the decedent's money or property. They must pay or transfer for distribution under the will or intestacy law.
• Cap. Personal estate (excluding the listed items and jointly owned property) of no more than $50,000 for deaths on or after June 10, 2026, and $30,000 for earlier deaths. The decedent cannot have owned Delaware real estate solely or as a tenant in common.
• What counts. The value of the decedent's personal estate.
• What doesn't count. Jointly owned property; the family Bible, clothes and family stores (12 Del. C. 1901(b)); insurance, pension and other employee benefits payable to a named beneficiary (1901(c)).
• Earlier caps. $30,000: deaths before 2026-06-10
• Waiting period. At least 30 days must have passed since the death. A Register of Wills may issue a 'restricted affidavit' to out-of-state next of kin to move a vehicle sooner.
• Conditions. No petition to appoint a personal representative may be pending or granted. All known debts must be paid or provided for. The surviving spouse's allowance must be paid, provided for, waived or expired. The decedent cannot have owned Delaware real estate solely or as a tenant in common. Property is distributed under the will, or under intestacy law if there is no will.
• Who can sign. The spouse; a grandparent or any descendant of a grandparent; their personal representative, guardian or trustee; the trustee of the decedent's trust; a Delaware-licensed funeral director; or the named executor who qualifies under 1508. Priority order: named executor, spouse, child, parent, sibling, grandchild, grandparent, then funeral director.
• Court filing. Apply at the county Register of Wills (clerk for the Court of Chancery) with a certified death certificate and photo ID, in person or by mail. The Register of Wills issues the affidavit. There is no probate case or court hearing.
• Fee. New Castle County: $10 for the first affidavit, $5 for each additional one processed at the same time (other counties' fees not checked)

Houses, land and vehicles

• Real estate. The affidavit is not available if the decedent owned Delaware real estate solely or as a tenant in common. That land must go through the Register of Wills' regular estate process.
• Vehicles. Delaware DMV (and DNREC for boats) needs an original small estate affidavit or short certificate to retitle a decedent's vehicle, trailer or boat. The named executor or next of kin may take possession of the vehicle on death.

When the affidavit isn't enough

Delaware's statutes provide no separate summary court procedure for small estates. Estates over the cap, or with solely owned real estate, are opened with the Register of Wills, which issues letters ('short certificates').

Good to know in Delaware

• HB 333 (85 Del. Laws c. 281), approved June 10, 2026, raised the cap from $30,000 to $50,000. The New Castle County Register of Wills applies $50,000 to deaths on or after June 10, 2026.
• Distributees must answer for what they receive to anyone with a prior right, and must account to any personal representative appointed later (12 Del. C. 2307).
• The executor or next of kin may enter the decedent's sole-tenant rental unit to remove belongings, but must finish within 30 days of death and get the Register of Wills form first (2306(c)(3)).
• 85 Del. Laws c. 281 has no effective-date or date-of-death clause (approved June 10, 2026); the June 10, 2026 date-of-death split comes from the New Castle County Register of Wills pamphlet.

Official help and forms

• Delaware official self-help on small estates

Sources

• 12 Del. C. Chapter 23, Subchapter I (2306, 2307) - Delaware Code Online (read October 23, 2026)
• 85 Del. Laws c. 281 (HB 333), approved June 10, 2026 (read October 23, 2026)
• 12 Del. C. 1901 - Delaware Code Online (read October 23, 2026)
• New Castle County Register of Wills - Small Estate Affidavits pamphlet (rev. June 2026) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.