Delaware Small Estate Alternatives to Probate
Simplified probate procedures for smaller estates in Delaware — summary distribution, affidavits, and when full probate is still required.
Delaware's small estate option
| Requirement | Details | |
|---|---|---|
| Procedure name | small estate affidavit §12-2306 | |
| Estate value threshold | Must be under $50,000 §12-2306 | |
| Additional requirements | Available once 30 days have elapsed since death and the value of the decedent's personal estate — excluding jointly owned property and property described in 12 Del. C. § 1901(b) and (c) — does not exceed $50,000. The affidavit must also attest that no petition for a personal representative is pending or has been granted, that known debts are paid or provided for, that the surviving spouse's allowance has been paid, provided for, waived or has lapsed, and that the decedent owned no Delaware real estate solely or as tenants in common. The Register of Wills administers the process. §12-2306 |
Delaware allows small estate affidavit for qualifying estates. The threshold is $50,000. Available once 30 days have elapsed since death and the value of the decedent's personal estate — excluding jointly owned property and property described in 12 Del. C. § 1901(b) and (c) — does not exceed $50,000. The affidavit must also attest that no petition for a personal representative is pending or has been granted, that known debts are paid or provided for, that the surviving spouse's allowance has been paid, provided for, waived or has lapsed, and that the decedent owned no Delaware real estate solely or as tenants in common. The Register of Wills administers the process.
When full probate is still required
Even a small estate may need full administration if:
- There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
- There is a dispute among heirs about who inherits
- There are contested Creditor claims
- The value exceeds the small-estate threshold once all assets are properly valued
How the simplified process works
- An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
- The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
- The holder is authorized to release the property based on the affidavit
- No court appointment of a Personal representative is needed
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.