Free Delaware Small Estate Affidavit

Prepare the Delaware small estate affidavit for estates up to $50,000, plus presentation letters for each holder. 12 Del. C. §§ 2306, 2307.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Delaware Small Estate Affidavits

No statewide form. 12 Del. C. § 2306(a)(1)-(7) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per 12 Del. C. §§ 2306, 2307. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (12 Del. C. §§ 2306, 2307). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

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; or the named executor(s) in the decedent's will who satisfy 12 Del. C. § 1508. Preference order (§ 2306(b)): named executor, spouse, any child, any parent, any sibling, any grandchild, any grandparent, then a licensed funeral director; no order of preference among the rest. 12 Del. C. § 2306(a), (b).

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 (12 Del. C. § 2306(a) ("attesting ... under oath")).

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)).

The procedure is available only if the decedent owned no real estate in Delaware, either solely or as tenants in common (§ 2306(a)(6)); it distributes the personal estate only. Delaware has no small-estate real-property affidavit — estates with Delaware real estate in the decedent's sole name (or as tenant in common) require a grant of letters. 12 Del. C. § 2306(a)(6).

Small Estate Collection in Delaware

Delaware has no statewide affidavit form; 12 Del. C. § 2306(a)(1)-(7) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $50,000, per 12 Del. C. §§ 2306, 2307. The affidavit can be signed 30 days after the death.

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Frequently Asked Questions About Delaware Small Estate Affidavits

No statewide form. 12 Del. C. § 2306(a)(1)-(7) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per 12 Del. C. §§ 2306, 2307. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (12 Del. C. §§ 2306, 2307). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The Delaware affidavit is signed before a notary (12 Del. C. § 2306(a) ("attesting ... under oath")).

Small Estate Collection in Delaware

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $50,000, per 12 Del. C. §§ 2306, 2307. The affidavit can be signed 30 days after the death.

Free Delaware Small Estate Affidavit

Your Information

Frequently Asked Questions About Delaware Small Estate Affidavits