Free Delaware Small Estate Affidavit

In Delaware, the Distribution Without Letters covers estates with personal property of $50,000 or less, 30 days after death, presented directly to the bank or other holder, not filed with a court.

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Your Information

The Delaware affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

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No. Delaware publishes no statewide form; the affidavit is prepared to the statute, which lists 7 statements the affidavit must contain.

In Delaware, estates with personal property of $50,000 or less skip probate with the Distribution Without Letters, 30 days after death. Real property cannot pass through the affidavit; an estate that includes real estate uses a separate process. Delaware sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

30 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

The Distribution Without Letters is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. Any person owing money to the decedent, having custody of any property of the decedent, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right of the decedent (bank, employer, transfer agent, or other holder).

The Delaware affidavit is signed before a notary.

Small Estate Collection in Delaware

Delaware publishes no statewide form; the affidavit is prepared to the statute. The statute lists 7 statements the affidavit must contain. Delaware's name for the procedure is “Distribution Without Letters”, and it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $50,000; an estate over it does not qualify. Real estate cannot pass through it. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. The affidavit may be signed 30 days after the death.

Delaware says who may sign: The spouse of the decedent; any person who is a grandparent of the decedent or a lineal descendant of a grandparent of the decedent; the personal representative of any of the foregoing who is deceased; the guardian or trustee of any of the foregoing who is incapacitated; the trustee of a trust created by the decedent; a funeral director licensed in Delaware. The affiant signs it before a notary.

Who receives it: Any person owing money to the decedent, having custody of any property of the decedent, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right of the decedent (bank, employer, transfer agent, or other holder).

The effect on the holder and on the successor: The person paying, delivering, transferring, or issuing property pursuant to the affidavit is released to the same extent as if payment were made to a personal representative and need not inquire into the truth of any statement in the affidavit; distributees who receive payment are answerable to any person having a prior right and accountable to any intestate distributee or later-appointed personal representative (§ 2307(a)). A holder who refuses may be compelled in an action in the Court of Chancery (§ 2307(b)).

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

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

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Free Delaware Small Estate Affidavit

In Delaware, the Distribution Without Letters covers estates with personal property of $50,000 or less, 30 days after death, presented directly to the bank or other holder, not filed with a court.

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Small Estate Collection in Delaware

Free Delaware Small Estate Affidavit

Your Information

Is this your situation?

Named as Executor

Death of a Parent

Loss of a Spouse

Forms for Settling an Estate in Delaware

Renunciation of Executor

Estate Inventory

Estate Closing

Letter of Instruction

Digital Assets Recovery Letter

Tools for Settling an Estate in Delaware

How Much Can an Executor Charge?

Can I Self-File Probate?

How Do I Get Appointed as Executor?

What Are the Creditor Claim Deadlines?

What Happens When an Estate Is Insolvent?

How Do I Open an Estate Account When Someone Dies?

What Is the Estate's Personal Property Worth for Probate?

Hire a Delaware Probate Attorney

Your kids shouldn't have to do this.

Delaware Estate Settlement Resources

Free Delaware Small Estate Affidavit

Your Information