What Happens to Jointly Owned Property in Delaware When an Owner Dies?
When a joint owner dies in Delaware, what the survivor records is the “Affidavit to the Register of Wills of Jointly Held Real PropertyNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19); 12 Del. C. § 1905(e)Verified Oct 26, 2026View source”.
Delaware names the “Affidavit to the Register of Wills of Jointly Held Real PropertyNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19); 12 Del. C. § 1905(e)Verified Oct 26, 2026View source”. 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 owner12 Del. C. § 1905(e) (2026)Verified Oct 26, 2026View source. The affidavit of death is prepared to the Delaware statute's requirements.
Who may sign, in the statute's words: The personal representative or the surviving joint tenant12 Del. C. § 1905(e) (2026)Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19)Verified Oct 26, 2026View source.
What the statute has it state: a general description of the real estate; the name of the surviving owner12 Del. C. § 1905(e) (2026)Verified Oct 26, 2026View source. Attached when recorded: death certificate (a certified copy of the death certificate of the decedent)12 Del. C. § 2309 (2026)Verified Oct 26, 2026View source.
The deadline: within 3 months after the decedent's death12 Del. C. § 1905(e) (2026)Verified Oct 26, 2026View source. Delaware law states no consequence for an affidavit filed after the 3 months, and the survivor holds title by the joint ownership either way12 Del. C. § 1905(e) (2026)Verified Oct 26, 2026View source.
Delaware's survivorship vestings are joint tenancy with right of survivorship and tenancy by the entirety between spouses. A joint tenancy exists only where the deed expressly conveys to the owners as joint tenants and not as tenants in common12 Del. C. § 1905(e); 12 Del. C. § 2309; 25 Del. C. § 701Verified Oct 26, 2026View source.
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Free forms for settling an estate in Delaware: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Delaware, a surviving joint owner records the “Affidavit to the Register of Wills of Jointly Held Real PropertyNew Castle County Register of Wills, Affidavit to the Register of Wills of Jointly Held Real Property (Revised 1-1-19); 12 Del. C. § 1905(e)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit to the Register of Wills, Real Property Transferred on Death by DeedKent County Register of Wills, Affidavit to the Register of Wills, Real Property Transferred on Death by Deed (Issued 12.2.2025); 25 Del. C. § 218(a)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Renunciation of Executor
In Delaware, a person named as personal representative may renounce the right to serveKent County Register of Wills Forms Library (Renunciation Form, Rev. 9.11.2025); 12 Del. C. § 1502(b)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Delaware, the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source covers estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Delaware, the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment.
Estate Closing
In Delaware, the personal representative is discharged by court order12 Del. C. §§ 2302(d), 2303(a), 2335, 2338(a)Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Delaware
Free tools for settling an estate in Delaware: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Delaware, certified death certificates come from the Delaware Department of Health and Social Services - Office of Vital StatisticsDelaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $25Delaware Department of Health and Social Services - Office of Vital StatisticsVerified Oct 15, 2026View source.
Do I Need Probate?
In Delaware, estates with personal property of $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or less skip probate with the Distribution Without Lettersdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source, 30 daysdelcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Delaware requires a final state income tax return for the decedent alongside the federal Form 104030 Del. C. § 1102; § 1108Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Delaware: the personal representative files the estate inventory within 90 daysDel. Code tit. 12, §§ 1904, 1905, 1908, 1910Verified Sep 15, 2026View source of appointment; creditors have 8 months12 Del. C. §§ 2101, 2102, 2103, 2104, 2105, 2109Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
What Do I Do When Someone Dies?
After a death in Delaware, the estate either qualifies for the simplified procedure for estates under $50,000delcode.delaware.gov: 12 Del. C. § 2306Verified Sep 8, 2026View source or goes through probate, where creditors have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Delaware levies no estate or inheritance taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Delaware imposes no inheritance or estate taxNo state estate or inheritance tax. Estate tax (30 Del. C. ch. 15, §§ 1501-1507) repealed outright by 81 Del. Laws, c. 52, § 1 (HB 16, 149th Gen. Assem.), effective for estates of decedents dying after Dec. 31, 2017; inheritance tax (30 Del. C. ch. 13, §§ 1301-1314) repealed by 71 Del. Laws, c. 353, § 10, effective Jan. 1, 1999; gift tax (30 Del. C. ch. 14) repealed by 71 Del. Laws, c. 130, § 1.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 9 months to 12 months for a simple estate.
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Delaware Estate Settlement Resources
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