What is the small estate limit in Delaware?

The long-standing figure in 12 Del. C. 2306 is $30,000 in personal estate. One 2026 source reports an amendment raising it to $50,000, so confirm the current amount with the Register of Wills.

Does real estate disqualify the Delaware affidavit?

Yes, completely. The affidavit cannot be used where the decedent owned Delaware real estate in their own name or as a tenant in common, regardless of the total value of the estate.

How long do I have to wait?

Thirty days must have elapsed since the death, and no petition for the appointment of a personal representative may be pending or granted.

Who can file the Delaware affidavit?

A wide list: the spouse, a grandparent, a lineal descendant of a grandparent, the personal representative or guardian of any of those, the trustee of a trust the decedent created, a licensed Delaware funeral director, or the executor named in the will.

The Register of Wills in the county where the decedent lived, which is Delaware's probate office. Once it certifies the affidavit, certified copies compel holders to transfer the property.

Delaware Small Estate Affidavit: Register of Wills Route

General information, not legal advice. Published sources disagree on Delaware's current threshold. Confirm the figure with the Register of Wills in the relevant county before relying on it.

Check the real estate question first: in Delaware it decides everything. If the person owned Delaware real estate in their own name or as a tenant in common, the small estate affidavit is unavailable no matter how small the rest of the estate is. Only once that is cleared does the dollar figure matter, and even that is currently disputed.

Check the Delaware conditions ↓

Real estate is the first gate

Section 2306 of Title 12 limits the affidavit to the personal estate, and the exclusion for real property is absolute rather than a matter of value. A decedent who owned Delaware real estate in their own name, or as a tenant in common with someone else, puts the estate outside this route entirely, even if the house is modest and the bank account tiny. That matters more than usual in Delaware because of how intestate succession works there: without a will, a surviving spouse often inherits only a life estate in the real estate, with children or parents holding the remainder, which can leave the survivor unable to sell without their agreement.

The threshold is genuinely disputed

Honesty serves better than a confident number here. The figure written into 12 Del. C. 2306, and reflected in the section's own heading about estate assets not exceeding $30,000, is $30,000 in personal estate, and multiple 2026 sources still state it that way. However, at least one source published in mid-2026 describes the section as amended by 85 Del. Laws chapter 281 and puts the ceiling at $50,000. Both cannot be current. If your estate falls between those two numbers, that gap decides your case, so call the Register of Wills rather than trusting whichever figure a search result shows you first.

Delaware lets a lot of people sign

The list of who may use the affidavit is unusually broad. It runs to the decedent's spouse, any grandparent, any lineal descendant of a grandparent, the personal representative of any of those if deceased, the guardian or trustee of any of them if incapacitated, the trustee of a trust the decedent created, a funeral director licensed in the state, and the executor named in the will where they meet the qualification requirements. Including a licensed funeral director is a practical touch, letting the person who fronted the funeral costs recover them without waiting for a family member to act. Priority in practice runs executor, then surviving spouse, then next of kin.

The Register of Wills certifies it

Delaware's probate office is the Register of Wills, one in each of the three counties, New Castle, Kent and Sussex, and probate matters go there rather than to the Court of Chancery despite that court's fame. You wait thirty days, then visit with a certified copy of the death certificate and photo identification, and complete and sign the affidavit under oath. Once the office certifies it, you can request certified copies, and section 2307 requires any person or institution holding the property, a bank for instance, to transfer it to you on presentation. Processing costs are typically modest, commonly under a hundred dollars, and Delaware imposes neither estate nor inheritance tax.

Delaware small estate questions

What is the limit?: The long-standing figure in 12 Del. C. 2306 is $30,000. One 2026 source reports an amendment raising it to $50,000, so confirm with the Register of Wills.
Does real estate disqualify it?: Yes, completely, where the decedent owned Delaware real estate in their own name or as a tenant in common, regardless of value.
How long do I wait?: Thirty days, with no petition for a personal representative pending or granted.
Who can file it?: The spouse, a grandparent, a lineal descendant of a grandparent, their representatives or guardians, a trustee of the decedent's trust, a licensed funeral director, or the named executor.
Where do I go?: The Register of Wills in the county where the decedent lived. Certified copies then compel holders to transfer the property.

Written by the Trámites Notariales US editorial team, based on 12 Del. C. 2306 and 2307. Sources conflict on the current threshold; verify with the Register of Wills.