Delaware probate code · checked October 2026
For money and belongings, Delaware's affidavit limit is $30,000 — applied to the estate after the assets that pass automatically are taken out. The Delaware affidavit is barred if the person owned Delaware real estate solely or as a tenant in common — the house closes this door. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $30,000, judged by the law in force on the date of death.
The paper: Small Estate Affidavit under 12 Del.C. § 2306 (obtained through the county Register of Wills; no form number in the Code).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No higher spouse cap; preference order for receiving the personal estate is named qualified executor, then spouse, child, parent, sibling, grandchild, grandparent, then licensed funeral director (§ 2306(b)).
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $30,000 | Presented to whoever holds the property; no court case. Form: Small Estate Affidavit under 12 Del.C. § 2306 (obtained through the county Register of Wills; no form number in the Code). |
The named qualified executor and next of kin may take possession of the decedent's motor vehicle(s) immediately on death under § 2306(c)(1); vehicles in the personal estate are then distributed under the affidavit.
Affidavit must attest all known debts of the decedent are paid or provided for, and the surviving spouse's § 2308 allowance has been paid, provided for, waived or has expired.
Rules checked October 2026 · Sources: 12 Del.C. § 2306; 12 Del.C. § 2308; 25 Del.C. ch. 2, §§ 201-205 (Uniform Real Property Transfer on Death Act, 85 Del. Laws c. 212). This page reads the published law; it is not legal advice, and the court is the final word.