Bank accounts after a death in Delaware

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

1. Wait until at least 30 days after the death.
2. 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.
3. 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.
4. Sign the affidavit under oath (ask the Register of Wills in the county where the person lived).
5. 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