How Do I Claim a Deceased Person's Unclaimed Property in Delaware?
In Delaware, a deceased owner's unclaimed property is claimed from the Delaware Department of Finance, Office of Unclaimed PropertyDel. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167Verified Aug 24, 2026View source.
File the claim with the Delaware Department of Finance, Office of Unclaimed PropertyDel. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167Verified Aug 24, 2026View source. The search and the claim start at the office's site. An heir or estate claim needs a certified copy of any document showing the claimant's relationship to the deceased owner, and documentation showing a legal right to claim on behalf of the deceased or the estateClaim FAQ (Delaware Office of Unclaimed Property)Verified Aug 24, 2026View source.
Heirs can claim without letters from a probate court through the Small estate affidavit under 12 Del. C. § 2306, for an estate of $50,000 or lessClaim FAQ (Delaware Office of Unclaimed Property)Verified Oct 26, 2026View source. 12 Del. C. § 2306 allows distribution of a decedent's personal estate without letters when the personal estate, excluding property described in § 1901(b) and (c) and jointly owned property, does not exceed $50,000Del. Code tit. 12, ch. 23, subch. I (12 Del. C. § 2306)Verified Aug 24, 2026View source. The claim on that route includes: A certified copy of the small estate affidavit; A certified copy of the last will and testament, where there is one; A death certificate; for a Delaware decedent the office points to a certified copy from the Delaware Office of Vital Statistics; A certified copy of any document showing the relationship to the deceased owner; The signed claim form, and the documents listed in its Section CClaim FAQ (Delaware Office of Unclaimed Property)Verified Oct 26, 2026View source.
12 Del. C. § 1165 lets any person claiming an interest in property paid to the State Escheator file a claimDel. Code tit. 12, ch. 11, subch. II (Unclaimed Property)Verified Aug 24, 2026View source. With letters from a probate court, the claim is made by the executor or other representative with a legal right to claim property on behalf of the deceased owner or the estateClaim FAQ (Delaware Office of Unclaimed Property)Verified Oct 26, 2026View source.
Every state where the person had an address can hold some of the property: the holding company reports it to the state of the owner's last-known address, and to its own home state where it has no address on record. MissingMoney.com searches most states at once. Insurance, savings bonds, pensions, refunds and failed-bank deposits sit in federal and national databases: the Treasury (TreasuryDirect), PBGC, the IRS, the FDIC, the NCUA, the NAIC Life Insurance Policy Locator and the VA.
An agreement needs the owner's notarized signature, a description of the property and services, the amount before and after the fee and notice that the Department of Finance holds it. One made before 24 months after delivery to the state is void; fees are capped at the lesser of $1,000 or 10%12 Del. C. §§ 1186, 1187Verified Oct 26, 2026View source. The same property can be claimed directly through the state's own program, which charges no fee.
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Learn moreForms for Settling an Estate in Delaware
Free forms for settling an estate in Delaware: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
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.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
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”.
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 Much Can an Executor Charge?
Delaware pays executors reasonable compensation12 Del. C. § 2305 (commissions "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Delaware has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
How Do I Get Letters Testamentary?
In Delaware, the Register of Wills of the county issues Letters Testamentary or Letters of Administration once the Register of Wills appoints the personal representative; an informal (registrar) track is available12 Del. C. §§ 1302, 1303, 1502, 1505 (Register of Wills proves the will and grants letters; proof taken without notice unless an interested person petitions the Court of Chancery)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Delaware, 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 from the date of death to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Delaware pays the claims in 1212 Del. C. § 2105Verified Sep 23, 2026View source classes in statutory order, beginning with surviving spouse’s allowance.
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