Delaware Small Estate Affidavit: $30,000 Threshold
How Delaware's Small Estate Affidavit (Del. Code tit. 12, § 2306) lets heirs collect personal property under $30,000 without any court filing — 30-day wait, affidavit directly to institution
General threshold: $30,000 personal property | Wait period: 30 days from death | Filing: No court — affidavit directly to institution | Real estate: Excluded (always requires full probate) | Statute: Del. Code tit. 12, § 2306
Delaware's small estate affidavit is a true skip-the-court process. After waiting 30 days from the date of death, the heir presents a notarized affidavit and certified death certificate directly to each bank, brokerage, or institution. The Register of Wills is never contacted. This is the same approach used in Virginia ($50K), West Virginia ($100K), and Pennsylvania ($50K) — but Delaware's $30,000 threshold is lower than its neighbors.
Small Estate Affidavit vs. Full Administration in Delaware
| Feature | Small Estate Affidavit | Full Administration |
|---|---|---|
| Threshold | ≤ $30,000 personal property | Any value |
| Waiting period | 30 days from date of death | None to start |
| Court filing | None — affidavit goes to institution | Register of Wills petition |
| Inventory requirement | Not required | Yes — within 3 months |
| Creditor notice | Not required | Yes — 6 months from publication |
| Real estate | ❌ Excluded — always full probate | ✅ Included |
| Attorney required | Not required | Not required; helpful for complex estates |
| Time to complete | 1–3 months | 9–15 months typical |
What Counts Toward the $30,000 Threshold?
The threshold applies to net personal property — probate assets minus any debts secured by those assets. Only assets that pass through probate (titled solely in deceased's name with no beneficiary) count. Real estate is always excluded from the small estate affidavit calculation.
| Asset Type | Counts? | Notes |
|---|---|---|
| Bank accounts (no POD) | ✅ Yes | Balance at date of death |
| Vehicles (deceased's name only) | ✅ Yes | Net equity = FMV minus loan balance |
| Personal property (furniture, jewelry) | ✅ Yes | Estimated fair market value |
| Investment accounts (no TOD) | ✅ Yes | Market value at date of death |
| Real estate (any amount) | ❌ No — excluded entirely | Always requires full probate regardless of value |
| POD/TOD accounts | ❌ No | Pass directly to named beneficiary |
| Life insurance (named beneficiary) | ❌ No | Passes directly to beneficiary |
| Retirement accounts (named beneficiary) | ❌ No | Passes directly to beneficiary |
| Joint accounts (survivorship) | ❌ No | Passes to surviving owner |
Step-by-Step: Using the Delaware Small Estate Affidavit
Confirm Eligibility
- Net personal property estate ≤ $30,000 (real estate excluded from this calculation)
- No real estate in the deceased's name — if there is real estate, full probate is required for that asset
- At least 30 days have passed since the date of death
- No full administration (regular probate) has been opened for the estate
- You are a successor, heir, or beneficiary entitled to the property
Wait 30 Days from Death
Delaware's small estate affidavit requires a 30-day waiting period from the date of death (Del. Code tit. 12, § 2306). Unlike Maryland (no wait), you cannot present the affidavit during the first 30 days. Use the waiting period to gather documents and prepare the affidavit.
Obtain Certified Death Certificates
Order certified death certificates from the Delaware Division of Public Health Vital Statistics (dhss.delaware.gov). Order 4–6 copies — each bank, brokerage, and institution needs its own original. No Register of Wills copy is needed for the small estate procedure.
Prepare the Notarized Affidavit
Prepare a notarized affidavit that includes:
- Your name, address, and relationship to the deceased
- The deceased's full name, date of death, and last address
- A statement that at least 30 days have passed since the date of death
- A statement that the total value of the personal property does not exceed $30,000
- A statement that no full probate administration has been opened
- A description of the specific asset you are claiming
- Your entitlement to the asset (as heir under the will or under Delaware intestacy law)
- Your signature, notarized before a notary public
Download small estate affidavit forms from the Register of Wills website at courts.delaware.gov.
Present Affidavit Directly to Each Institution
Present the notarized affidavit and certified death certificate directly to each bank, brokerage, or other asset holder. Each institution will process the transfer based on the affidavit. You may need to visit each institution separately — larger institutions may have their own procedures or forms. The Register of Wills is not involved.
Collect Assets and Distribute to Heirs
Once the institutions release the assets, collect the funds and distribute to heirs per the will or Delaware intestacy law (Del. Code tit. 12, § 501 et seq.). Keep records of all distributions. Delaware has no inheritance tax, so no tax return is required before distributing assets.
Worked Examples
| Scenario | Qualifies? | Reason |
|---|---|---|
| $25,000 in bank accounts (no POD); no real estate; 35 days since death | ✅ Yes | $25K under $30K threshold; 30-day wait satisfied; no real estate |
| $28,000 accounts + vehicle worth $5,000 (net equity) | ❌ No | $33K total exceeds $30K threshold; open full probate |
| $25,000 accounts + house in deceased's name (any value) | ❌ No (for real estate) | House requires full probate; accounts may be claimed separately if they total under $30K |
| $200K IRA (named beneficiary) + $25K bank account (no POD) | ✅ Yes (bank account) | IRA passes directly to beneficiary (not counted); $25K bank account under $30K threshold |
| $29,000 accounts; only 20 days since death | ❌ Not yet | Must wait 30 days from death before using affidavit |
Delaware vs. Neighboring States: Small Estate Options
| State | Threshold | Court Filing? | Real Estate? | Wait Period? |
|---|---|---|---|---|
| Delaware | $30K personal property | No — affidavit to institution | ❌ Excluded | 30 days |
| Maryland | $50K ($100K spouse) | Yes — Register of Wills petition | ✅ Can be included | None |
| Pennsylvania | $50K | No — affidavit to institution | ❌ Excluded | None |
| New Jersey | $20K | No — affidavit to institution | ❌ Excluded | None |
| Virginia | $50K personal property | No — affidavit to institution | ❌ Excluded | None |
| West Virginia | $100K | No — affidavit to institution | ❌ Generally excluded | None |
Ready to handle this yourself?
Get the Delaware-specific kit with exact affidavit language, step-by-step instructions, and what to do if an institution refuses.