Free Delaware Affidavit of Death

In Delaware, a surviving joint owner records the “Affidavit to the Register of Wills of Jointly Held Real Property”; a transfer on death deed beneficiary records the “Affidavit to the Register of Wills, Real Property Transferred on Death by Deed”.

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Who may sign in Delaware: The personal representative or the surviving joint tenant.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit to the Register of Wills of Jointly Held Real Property”: In Delaware the surviving joint tenant or the personal representative files an affidavit with the Register of Wills of the county where the property lies within 3 months after the death, describing the property and naming the surviving owner. A surviving joint owner records it with the county's Register of Wills, and the prepared document is laid out for recording.

Who may sign, in the statute's words: The personal representative or the surviving joint tenant. The affidavit is sworn before a notary public, who completes the jurat.

It states: a general description of the real estate; the name of the surviving owner. Attached when recorded: death certificate (a certified copy of the death certificate of the decedent).

Recording is not a condition of the transfer: title passed at the death under the instrument. The deadline: within 3 months after the decedent's death. Delaware law states no consequence for an affidavit filed after the 3 months, and the survivor holds title by the joint ownership either way. Filed with it: Affidavit to the Register of Wills that no Delaware estate tax return is required.

The “Affidavit to the Register of Wills, Real Property Transferred on Death by Deed”: In Delaware a transfer on death deed passes the property at the owner's death, and a missing filing does not undo it. The beneficiary may file the death certificate with the county Register of Wills on the Register's affidavit form. Who signs: A beneficiary who received the property under the transfer on death deed. The document is prepared on that basis as well.

The Affidavit of Death in Delaware

When a joint owner dies in Delaware, the land records still show the deceased owner. What a surviving joint owner records: the “Affidavit to the Register of Wills of Jointly Held Real Property”. What it does: In Delaware the surviving joint tenant or the personal representative files an affidavit with the Register of Wills of the county where the property lies within 3 months after the death, describing the property and naming the surviving owner. It goes to the county's Register of Wills.

Who may sign, in the statute's words: The personal representative or the surviving joint tenant. The affidavit is sworn before a notary public, who completes the jurat.

What the statute has it state: a general description of the real estate; the name of the surviving owner.

Attached when recorded: death certificate (a certified copy of the death certificate of the decedent).

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. The deadline: within 3 months after the decedent's death. Delaware law states no consequence for an affidavit filed after the 3 months, and the survivor holds title by the joint ownership either way. Filed with it: Affidavit to the Register of Wills that no Delaware estate tax return is required. Delaware publishes Affidavit to the Register of Wills of Jointly Held Real Property (New Castle County); the prepared document carries the same contents.

A transfer on death deed beneficiary records the “Affidavit to the Register of Wills, Real Property Transferred on Death by Deed”: In Delaware a transfer on death deed passes the property at the owner's death, and a missing filing does not undo it. The beneficiary may file the death certificate with the county Register of Wills on the Register's affidavit form. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Delaware statutes and official state code. How we research.

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In Delaware, certified death certificates come from the Delaware Department of Health and Social Services - Office of Vital Statistics; the first copy costs $25.

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In Delaware, estates with personal property of $50,000 or less skip probate with the Distribution Without Letters, 30 days after death.

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Delaware requires a final state income tax return for the decedent alongside the federal Form 1040; a federal estate tax return (Form 706) is required only for estates above $15,000,000.

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Settling an estate in Delaware: the personal representative files the estate inventory within 90 days of appointment; creditors have 8 months to present claims; a simple estate closes in 9 months to 12 months.

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After a death in Delaware, the estate either qualifies for the simplified procedure for estates under $50,000 or goes through probate, where creditors have 8 months to file claims after notice.

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Delaware levies no estate or inheritance tax; only the federal estate tax applies above $15,000,000.

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Free Delaware Affidavit of Death

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The Affidavit of Death in Delaware

Who may sign, in the statute's words: The personal representative or the surviving joint tenant. The affidavit is sworn before a notary public, who completes the jurat.

What the statute has it state: a general description of the real estate; the name of the surviving owner.

Attached when recorded: death certificate (a certified copy of the death certificate of the decedent).

Free Delaware Affidavit of Death

Your Information

Is this your situation?

Loss of a Spouse

Death of a Parent

Named as Executor

Forms for Settling an Estate in Delaware

IRS Form 56

Digital Assets Recovery Letter

Renunciation of Executor

Small Estate Affidavit

Estate Inventory

Estate Closing

IRS Form 1310

Letter of Instruction

Tools for Settling an Estate in Delaware

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Do I Need Probate?

Do I Have to File Tax Returns for Someone Who Died?

How Do I Settle an Estate?

What Do I Do When Someone Dies?

How Much Are Estate & Inheritance Taxes?

What Taxes Apply to My Inheritance?

Hire a Delaware Probate Attorney

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Delaware Estate Settlement Resources

Free Delaware Affidavit of Death

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