Small estate affidavit · Delaware
Small estate affidavit in Delaware
When the estate is small enough, Delaware lets heirs collect assets with a sworn affidavit instead of opening probate.
In Delaware, an estate with sole-name assets under $30,000 can usually be settled with the Affidavit for Collection of Personal Property under 12 Del. C. § 2306. Wait 30 days after death. Present the notarized affidavit and a certified death certificate at each bank.
Quick facts
| Threshold | $30,000 |
|---|---|
| Statute | 12 Del. C. § 2306 |
| Form | Affidavit for Collection of Personal Property |
| Wait period | 30 days |
Verify with the Court of Chancery before filing. Numbers move year to year.
Step by step
Confirm the estate qualifies
Add the date-of-death value of all sole-name assets. Delaware allows the affidavit when the total falls under $30,000, under 12 Del. C. § 2306.
Wait 30 days
Delaware requires waiting 30 days after death before using the affidavit, allowing creditors time to come forward.
Complete the Affidavit for Collection of Personal Property
Use the form published by Court of Chancery or the state revenue department. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
The affidavit must be sworn in front of a notary public. Many banks notarize without charge for account holders.
Present at each institution
Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release the asset directly to the named heir.
Common questions
What is the small estate threshold in Delaware?
Delaware sets the threshold at $30,000 under 12 Del. C. § 2306. Estates below that line can usually use the affidavit instead of full probate.
What form does Delaware use?
Delaware uses the Affidavit for Collection of Personal Property. Download it from the Court of Chancery or the state court website.
Does it transfer real estate?
Usually not. The small estate affidavit covers personal property and accounts. Real property in most states needs a separate affidavit, a TOD deed, or full probate.
Do I still need a death certificate?
Yes. Every institution that releases an asset under the affidavit will ask for a certified death certificate alongside the notarized form.
What if I find more assets later?
If new assets push the total above $30,000, you may need to open full probate at the Court of Chancery. Track every asset you find.
Where in Delaware
In Delaware, the small estate affidavit is presented at the Court of Chancery in the county where your relative lived at death. These three counties handle the largest caseload.
- County seat
New Castle County
Court of Chancery - courthouse in Wilmington
- County seat
Sussex County
Court of Chancery - courthouse in Georgetown
- County seat
Kent County
Court of Chancery - courthouse in Dover
Every Delaware county has its own Court of Chancery clerk. Filing fees and processing time vary by county.