Delaware Small Estate Affidavit

Updated August 3, 2026. Quick answer: Delaware lets a small estate be settled with a sworn affidavit, usable 30 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: no — personal property only.

The verdicts

What the statute actually says

Thirty days have elapsed since the death of the decedent. … Decedent did not own real estate in Delaware, either solely as tenants in common.

— 12 Del. C. § 2306

The dollar limit

$50,000 — distribution of personal estate without grant of letters (small estate affidavit), 12 Del. C. §2306: personal property only, no solely owned DE real estate, 30-day wait, filed with county Register of Wills.

All 51 limits, compared.

The form

We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

Statute requires the affidavit be made ‘under oath’ but does not use the word ‘notarized’ explicitly (marked true on the presumption an oath requires a notary or equivalent officer). courts.delaware.gov’s statewide forms directory lists no small-estate affidavit form (only one unrelated ‘Wills and Estates’ form); Delaware’s affidavit is typically obtained through the county Register of Wills office rather than a centralized AOC form, and none was located this session.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.