Settle a small estate in Delaware without probate
In Delaware this is called: Small estate affidavit (distribution of decedent's property without grant of letters). If the person's personal estate is $50,000 or less and they owned no Delaware real estate in their own name, a close relative or other listed person can collect and distribute it with a sworn affidavit after 30 days, without opening a probate case.
Up to $50,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Delaware limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Delaware.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Delaware, by procedure.
Car, bank, house in Delaware
Car or other vehicle
The executor named in the will and the next of kin may take possession of the person's vehicles after the death, but must first get the form the Register of Wills provides for this; the executor has preference over the next of kin.
Bank accounts
Jointly owned accounts are left out of the small estate total and go to the surviving owner. For an account in the person's name alone, the people listed in the law can use the small estate affidavit after 30 days if the personal estate is $50,000 or less and all known debts are paid or provided for.
House or land
For owners who die on or after December 4, 2025, Delaware real estate can pass to a named beneficiary by a transfer on death deed.
Related pages
- Small estate affidavit in Delaware
- Car title after a death in Delaware
- Bank accounts after a death in Delaware
- House without probate in Delaware
- Small estate checker for Delaware
- Letter to a bank in Delaware
- Balance request letter for Delaware
- What-to-gather checklist for Delaware
- All about small estates in Delaware
Small estate affidavit: distribution of decedent's property without grant of letters (estate assets $50,000 or less)
A close relative, the named executor or another person listed in the law signs a sworn affidavit and gives it to the bank or other holder, which can then pay or transfer the person's personal property for distribution under the will or intestacy law, without opening a probate case. The Register of Wills in each county handles these affidavits.
- Limit
Up to $50,000
The person's personal estate (not counting jointly owned property and beneficiary-designated benefits) cannot be more than $50,000. The limit was raised from $30,000 to $50,000 by a law approved June 10, 2026.
- What counts
The value of the person's personal estate, not counting the family Bible, clothes and family stores, property paid to a named beneficiary under insurance, pension or employee benefit plans, and jointly owned property. The person must not have owned Delaware real estate, alone or as a tenant in common.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
The spouse; a grandparent or a lineal descendant of a grandparent (children, grandchildren, parents, brothers and sisters, aunts, uncles, cousins and so on); the personal representative, guardian or trustee of any of them; the trustee of a trust the person created; a licensed Delaware funeral director; or the executor named in the will if qualified. Preference goes, in order, to the named executor, the spouse, a child, a parent, a sibling, a grandchild, a grandparent, then a funeral director.
- Court or where to file
Given to the bank or holder. The Register of Wills of the county may issue the affidavit.
- Notary
The affidavit is made under oath.
- Papers to attach
- Certified copy of the death certificate
- Proof that all known debts are paid or provided for
- The will, if there is one (distribution follows the will)
- Steps
- Wait until at least 30 days after the death.
- Make sure the person owned no Delaware real estate (alone or as tenant in common) and that no petition for a personal representative is pending or granted.
- Pay or provide for all known debts, and pay, provide for, or have the spouse waive (or let lapse) the $7,500 spouse's allowance.
- Sign the affidavit under oath (ask the Register of Wills in the county where the person lived).
- Give the affidavit to each bank or holder, collect the property and distribute it under the will or intestacy law.
- Fee
Set by each county Register of Wills. Example: Sussex County charges $5.00 plus $2.00 per page for a small estate affidavit.
- Debts and responsibility
The people who receive property must answer for it to anyone with a prior right, and must account to any heir or to a personal representative appointed later.
- What the bank or holder must do
A holder who pays, delivers or transfers on the affidavit is released as if it had paid a personal representative and need not check the affidavit. If the holder refuses, the property can be recovered or its delivery compelled in an action in the Court of Chancery on proof of the facts in the affidavit.
Law: 12 Del. C. secs. 2306, 2307, 1901(b)-(c); 85 Del. Laws c. 281
Source: Official page
What counts toward the limit in Delaware
Add up the value of the person's personal estate. Leave out jointly owned property, insurance and employee benefits paid to a named beneficiary, and the family Bible, clothes and family stores. If the person owned Delaware real estate alone or as a tenant in common, the affidavit cannot be used at all. The law does not say whether debts are subtracted; all known debts must be paid or provided for before signing.
Law: 12 Del. C. secs. 2306(a), 1901
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Accounts in the person's name alone count. Law: 12 Del. C. 2306(a)(3), 1901(a) |
Joint or payable-on-death (POD) bank accounts | Left out | Jointly owned accounts are left out of the total. Law: 12 Del. C. 2306(a)(3) |
Cars and other vehicles | Counts | A vehicle is personal property and counts. The named executor and next of kin may take possession of the person's vehicles after the death, using the Register of Wills form for this. Law: 12 Del. C. 2306(a)(3), 2306(c)(1) |
Boats and mobile or manufactured homes | Counts | Boats and other goods and chattels count. Law: 12 Del. C. 1901(a), 2306(a)(3) |
Real estate in Delaware | Has its own procedure | The affidavit cannot be used at all if the person owned Delaware real estate alone or as a tenant in common; that estate needs probate. Law: 12 Del. C. 2306(a)(6) |
Main home (primary residence) | Has its own procedure | If the person owned their Delaware home alone or as a tenant in common, the affidavit cannot be used. A home held jointly with survivorship or passing by a transfer on death deed does not need probate. Law: 12 Del. C. 2306(a)(6) |
Real estate in another state | Not clear | The law speaks of the 'personal estate' and Delaware real estate only; it does not say how real estate in other states is treated. Law: 12 Del. C. 2306(a) |
Unpaid wages owed to the person | Counts | Money owed to the person counts. Law: 12 Del. C. 1901(a) |
Military pay owed to the person | Not clear | The law does not mention military pay. Law: 12 Del. C. 2306 |
Life insurance or retirement money paid to a named person | Left out | Insurance, pension, bonus, stock option and other employee benefits paid to a named beneficiary are left out. Law: 12 Del. C. 1901(c), 2306(a)(3) |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the estate count. Law: 12 Del. C. 1901(c) |
Property in a living trust | Not clear | The law does not mention property held in a living trust. Law: 12 Del. C. 2306 |
Property owned jointly with right of survivorship | Left out | Jointly owned property is left out. Law: 12 Del. C. 2306(a)(3) |
Property going to a surviving spouse | Counts | Personal property counts even if it goes to the spouse. Law: 12 Del. C. 2306(a)(3) |
Stocks, bonds and brokerage accounts | Counts | Stock in the person's name alone counts. Law: 12 Del. C. 1901(a) |
Furniture, jewelry and other belongings | Counts | Goods count, except the family Bible, the person's clothes and family stores, which are left out. Law: 12 Del. C. 1901(a)-(b) |
Source: Official page
Car or vehicle title after a death in Delaware
The executor named in the will and the next of kin may take possession of the person's vehicles after the death, but must first get the form the Register of Wills provides for this; the executor has preference over the next of kin. Taking possession does not transfer the title. A vehicle titled in transfer-on-death form belongs to the named beneficiary at the owner's death (subject to liens). DMV accepts only original documents, such as an executor's document. For other vehicles, title passes through the small estate affidavit or a probate case.
Law: 12 Del. C. sec. 2306(c)(1); 21 Del. C. sec. 2304
- Agency
- Delaware Division of Motor Vehicles (DMV)
- Fee
DMV title fees apply; ask the DMV.
- Transfer-on-death title
A title can name a transfer-on-death beneficiary ('transfer on death to [name]' or 'TOD'), including a trust. The beneficiary has no interest until the last owner's death; the owner can change the beneficiary by applying for a new title.
Source: Official page
Bank accounts after a death in Delaware
Jointly owned accounts are left out of the small estate total and go to the surviving owner. For an account in the person's name alone, the people listed in the law can use the small estate affidavit after 30 days if the personal estate is $50,000 or less and all known debts are paid or provided for. The bank is released when it pays on the affidavit.
Law: 12 Del. C. secs. 2306, 2307
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Delaware
- Real estate (TOD deed)
Yes · Transfer on death deed (Uniform Real Property Transfer on Death Act)
For owners who die on or after December 4, 2025, Delaware real estate can pass to a named beneficiary by a transfer on death deed. The deed must have the formalities of a recordable deed with all signatures notarized, be witnessed by two people (at least one not a beneficiary), say the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. If the probate estate cannot pay allowed claims or allowances, the estate can reach the property, but a proceeding must start within eight months after the death.
Law: 25 Del. C. secs. 201-221 (85 Del. Laws c. 212)
- Vehicle title (TOD)
Yes
Law: 21 Del. C. sec. 2304
- Securities (TOD)
Yes
Law: 12 Del. C. ch. 8 (registration in beneficiary form, sec. 809)
Source: Official page
Surviving spouse in Delaware
A surviving spouse may claim a cash allowance of up to $7,500 from the estate by notifying the Register of Wills and the executor or administrator in writing within 9 months of the death or 6 months of the grant of letters, whichever is shorter. Before using the small estate affidavit, this allowance must be paid, provided for, waived or have lapsed.
Debts of the person in Delaware
All known debts must be paid or provided for before the small estate affidavit is signed. People who receive property through it must answer to anyone with a prior right and to a personal representative appointed later.
Who inherits with no will in Delaware
If there is no will: a spouse with no surviving children, grandchildren or parents gets everything. If the person left a parent but no descendants, or left descendants who are all also the spouse's, the spouse gets the first $50,000 of the personal property plus half of the rest, plus a life estate in the real estate. If some descendants are not the spouse's, the spouse gets half of the personal property plus a life estate in the real estate. The rest goes to the children (and descendants of deceased children); then parents; then brothers and sisters and their descendants; then the next of kin.
Law: 12 Del. C. secs. 502, 503
Source: Official page
Death certificates in Delaware
Certified death certificates are issued by the Office of Vital Statistics. A certified copy must also be filed with the Register of Wills of the county where any real estate of the person is located.
Law: 12 Del. C. sec. 2309
- Where to get it
- Delaware Division of Public Health, Office of Vital Statistics
- Official page
- Official page
Where to file in Delaware
The small estate affidavit is given to the bank or holder; the Register of Wills of the county where the person lived (New Castle, Kent or Sussex) can issue it. If the person owned Delaware real estate alone or as a tenant in common, the affidavit cannot be used and a probate case is opened with the Register of Wills. A refusal by a holder is taken to the Court of Chancery.
Good to know in Delaware
- Delaware raised its small estate limit from $30,000 to $50,000 by a law approved June 10, 2026 (85 Del. Laws c. 281).
- The small estate affidavit cannot be used if the person owned Delaware real estate alone or as a tenant in common (12 Del. C. 2306(a)(6)).
- Delaware allows transfer on death deeds for owners dying on or after December 4, 2025 (25 Del. C. 201-221).
Changes in 2024–2026
85 Del. Laws c. 281, approved June 10, 2026: small estate limit raised from $30,000 to $50,000. 85 Del. Laws c. 212, approved September 5, 2025, effective 90 days after enactment: Uniform Real Property Transfer on Death Act, applying to owners dying on or after December 4, 2025.
Law: HB 333; HB 147
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Delaware
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Delaware Legal Help Link (screening for free legal aid)
- Community Legal Aid Society, Inc. (New Castle County) · 302-575-0660
- Delaware Volunteer Legal Services · 302-478-8680
- Delaware State Bar Association Lawyer Referral Service
- Delaware Courts: Self-Help
- Sussex County Register of Wills
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Delaware
What is a small estate affidavit called in Delaware?
In Delaware this is called: Small estate affidavit (distribution of decedent's property without grant of letters). If the person's personal estate is $50,000 or less and they owned no Delaware real estate in their own name, a close relative or other listed person can collect and distribute it with a sworn affidavit after 30 days, without opening a probate case.
What is the small estate limit in Delaware?
Up to $50,000, 30 days after the death, no court filing.
How long do I wait in Delaware?
At least 30 days must have passed since the death.
Do I have to go to court in Delaware?
Given to the bank or holder. The Register of Wills of the county may issue the affidavit.
How do I transfer a car after a death in Delaware?
The executor named in the will and the next of kin may take possession of the person's vehicles after the death, but must first get the form the Register of Wills provides for this; the executor has preference over the next of kin.
What happens to a bank account after a death in Delaware?
Jointly owned accounts are left out of the small estate total and go to the surviving owner. For an account in the person's name alone, the people listed in the law can use the small estate affidavit after 30 days if the personal estate is $50,000 or less and all known debts are paid or provided for.
Who inherits in Delaware if there is no will?
If there is no will: a spouse with no surviving children, grandchildren or parents gets everything. If the person left a parent but no descendants, or left descendants who are all also the spouse's, the spouse gets the first $50,000 of the personal property plus half of the rest, plus a life estate in the real estate.
Do I owe the person's debts in Delaware?
All known debts must be paid or provided for before the small estate affidavit is signed. People who receive property through it must answer to anyone with a prior right and to a personal representative appointed later.
- Delaware Code Title 12 (official PDF): secs. 502-503, 1901, 2306-2309
- 85 Del. Laws c. 281 (small estate limit)
- 85 Del. Laws c. 212 (transfer on death deeds)
- Delaware Code Title 25 ch. 2 (TOD deeds)
- Delaware Code Title 21 sec. 2304 (vehicle TOD)
- Sussex County Register of Wills fees
- Delaware Courts: Legal Assistance
- CDC NCHS Where to Write: Delaware