Delaware Small Estate Affidavit
In Delaware an heir can use a small estate affidavit to collect a decedent's personal property up to $50,000 once 30 days have passed since death, through the Register of Wills, when the decedent owned no Delaware real estate. Attorney review available.
Introduction
A small estate affidavit is a sworn statement for collecting a decedent's personal property, such as a bank account or securities, without full probate, and Delaware opens it only to estates of $50,000 or less where the decedent owned no Delaware real estate. In Delaware it is used under Title 12 of the Delaware Code, Section 2306. The affidavit may be used only after 30 days have elapsed since the death, and only when the value of the decedent's personal estate, other than property described in Section 1901(b) and (c) and other than jointly owned property, does not exceed $50,000. The decedent must have owned no real estate in Delaware. The affiant executes the sworn affidavit and furnishes it to any person or entity holding the decedent's personal property, and the Register of Wills in the county may also issue an affidavit where appropriate. The affiant swears that no petition for the appointment of a personal representative is pending or has been granted, that the decedent's debts have been paid or provided for, and that the surviving spouse's allowance has been paid, provided for, or waived. The current $50,000 limit reflects an increase to Section 2306. DocDraft builds your Delaware small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's heir or successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening a full probate case in Delaware.
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The affidavit is available only when the value of the decedent's personal estate, other than property described in Section 1901(b) and (c) and other than jointly owned property, does not exceed $50,000 (Title 12 Delaware Code Section 2306).
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It may not be used until 30 days have elapsed since the date of death (Title 12 Delaware Code Section 2306).
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The value excludes the statutory family allowance and exempt property described in Section 1901(b) and (c) and excludes jointly owned property, so the countable amount can be below the total value of what the decedent owned.
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The affidavit reaches personal property only, and the decedent must have owned no real estate in Delaware.
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The affiant furnishes the sworn affidavit to the person or entity holding the decedent's personal property, and the Register of Wills in the county may also issue an affidavit where appropriate.
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The affiant swears that no personal representative petition is pending or granted, that the decedent's debts are paid or provided for, and that the surviving spouse's allowance is paid, provided for, or waived.
Key decisions before you file
Before you file a Small Estate Affidavit in Delaware, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Delaware in about a minute, and notarize it online through DocDraft if it does.
Delaware Requirements for Small Estate Affidavit
In Delaware a small estate affidavit may not be used until at least 30 days have elapsed since the date of the decedent's death (Title 12 Delaware Code Section 2306). The affidavit states that this 30-day period has passed.
The affidavit is available only when the value of the decedent's personal estate, other than property described in Section 1901(b) and (c) and other than jointly owned property, does not exceed $50,000 (Title 12 Delaware Code Section 2306). The current $50,000 figure reflects an increase to Section 2306.
The value excludes the statutory family allowance and exempt property described in Section 1901(b) and (c) and excludes jointly owned property, so the countable amount can be below the total value of what the decedent owned (Title 12 Delaware Code Section 2306).
The affidavit reaches personal property only, and the decedent must have owned no real estate in Delaware (Title 12 Delaware Code Section 2306). If the decedent owned Delaware real estate, the affidavit cannot be used.
The affiant furnishes the sworn affidavit to any person or entity holding the decedent's personal property, and the Register of Wills in the county may also issue an affidavit where appropriate (Title 12 Delaware Code Section 2306).
Eligible affiants include the decedent's spouse, a grandparent or lineal descendant of a grandparent, a personal representative, guardian, or trustee of any of them, a trustee of a trust the decedent created, a Delaware-licensed funeral director, or a named executor who qualifies under Section 1508 (Title 12 Delaware Code Section 2306).
The affiant swears that no petition for the appointment of a personal representative is pending or has been granted, that the decedent's debts have been paid or provided for, and that the surviving spouse's allowance has been paid, provided for, or waived (Title 12 Delaware Code Section 2306).
The affidavit is signed under oath, so a false statement about the estate value, the 30-day waiting period, the absence of Delaware real estate, or the affiant's right to the property carries legal consequences. Do not sign if the facts are uncertain.
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It is a sworn statement that lets a decedent's heir or successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening a full probate case. In Delaware the affiant uses Title 12 of the Delaware Code, Section 2306, swears that at least 30 days have passed since the death and that the countable personal estate does not exceed $50,000, then furnishes the affidavit to whoever holds the asset. It is usually the fastest, cheapest way to settle a small Delaware estate.
Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and in Delaware it runs through the Register of Wills over many months. A small estate affidavit under Title 12 Delaware Code Section 2306 skips appointing a representative: the affiant signs a sworn affidavit and collects the personal property directly. It is available only when the countable personal estate does not exceed $50,000, the decedent owned no Delaware real estate, and no personal representative petition is pending.
The value of the decedent's personal estate, other than property described in Section 1901(b) and (c) and other than jointly owned property, must not exceed $50,000 (Title 12 Delaware Code Section 2306). The exclusions for the statutory family allowance, exempt property, and jointly owned property mean the countable amount can be well below the total value of what the decedent owned. The current $50,000 figure reflects an increase to Section 2306.
At least 30 days must have elapsed since the date of the decedent's death before the affidavit may be used (Title 12 Delaware Code Section 2306). The affidavit states that this 30-day period has passed. If fewer than 30 days have passed, the person or institution holding the asset can decline to release it, so the waiting period is a firm requirement in Delaware.
No. The Delaware small estate affidavit under Title 12 Delaware Code Section 2306 is available only when the decedent owned no real estate in Delaware, and it reaches personal property such as bank accounts, wages, and securities. If the decedent owned Delaware real estate, the small estate affidavit cannot be used and the estate is handled through the Register of Wills by other means. This is different from states that offer a separate small estate deed for real property.
The affiant executes the sworn affidavit and furnishes it to any person or entity holding the decedent's personal property, such as a bank or a transfer agent (Title 12 Delaware Code Section 2306). The Register of Wills in the county where the decedent resided may also issue an affidavit where appropriate. The Register of Wills office can provide the form and guidance for completing the affidavit.
Eligible affiants under Title 12 Delaware Code Section 2306 include the decedent's spouse, a grandparent or a lineal descendant of a grandparent, a personal representative, guardian, or trustee of any of them, a trustee of a trust the decedent created, a Delaware-licensed funeral director, or a named executor who qualifies under Section 1508. The affiant swears that no personal representative petition is pending, that debts are paid or provided for, and that the surviving spouse's allowance is paid, provided for, or waived.
A Delaware small estate affidavit is signed under oath, so a false statement about the estate value, the 30-day waiting period, the absence of Delaware real estate, or the affiant's right to the property carries legal consequences. Using the affidavit when the countable personal estate exceeds $50,000, or when the decedent owned Delaware real estate, is improper. An affidavit should never be signed in Delaware if the facts are uncertain.