Delaware Small Estate Affidavit: $50,000 Limit and 30-Day Wait

Delaware's small estate affidavit under 12 Del. C. 2306 lets family collect a deceased person's bank accounts, vehicles and other personal property without opening an estate when the personal estate is worth $50,000 or less (not counting jointly owned property or benefits payable to a named beneficiary) and at least 30 days have passed since the death. It is not available if the person owned Delaware real estate in their own name or as a tenant in common.

The $50,000 limit is new. House Bill 333 (85 Del. Laws c. 281), approved June 10, 2026, raised it from $30,000, and the New Castle County Register of Wills applies the old $30,000 limit to deaths before June 10, 2026. In practice the affidavit is issued by the Register of Wills in the county, for a small fee, with no court case. To compare Delaware with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware's distribution of a decedent's property without letters (12 Del. C. 2306 to 2308), the surviving spouse's allowance (12 Del. C. 2308), small final-wage payments under Title 19, Chapter 11, and perjury under 11 Del. C. 1221 and 1222. It does not cover full estate administration, who inherits under Delaware intestacy law, estate or inheritance tax, or other states' rules. For opening an estate, see our Delaware probate guide.

The Delaware small estate limit: $30,000 or $50,000 by date of death

Section 2306 now reads:

"(3) The value of the personal estate of the decedent other than property described in § 1901(b) and (c) of this title and other than jointly owned property, does not exceed $50,000."

The online Delaware Code already shows $50,000 and cites 85 Del. Laws c. 281. The act itself, approved June 10, 2026, changed the section heading from "$30,000" to "$50,000" and has no separate effective-date or applicability clause in its text.

The date-of-death split comes from the New Castle County Register of Wills, not from the act. Its pamphlet (revised June 2026) says the affidavit is available "If the deceased owned personal property valued at less than $30,000 and died before June 10, 2026, or less than $50,000 and died on or after June 10, 2026." We could not confirm how the Kent County and Sussex County Registers of Wills apply the change, so if the death was before June 10, 2026 and the estate is between $30,000 and $50,000, ask the Register in your county before you rely on the higher figure.

The limit is a fixed dollar figure set by statute. It is not adjusted for inflation; only the General Assembly changes it.

What counts toward the limit

Only the personal estate counts, and section 2306 carves several things out of it:

• Jointly owned property, such as a joint bank account.
• Property described in 12 Del. C. 1901(b): the family Bible, clothing, and family stores laid in.
• Property described in 12 Del. C. 1901(c): insurance, pension and employee-benefit property payable to a designated beneficiary.

Real estate is not counted toward the cap because it is a separate bar: if the person owned Delaware real estate alone or as a tenant in common, the affidavit is not available at any value.

The statute does not say whether debts are subtracted before comparing the estate to the limit. It does require that all known debts be paid or provided for. If the estate sits near the limit, ask the Register of Wills how it values the estate.

How long you have to wait

At least 30 days must pass after the death. Section 2306 requires the affiant to attest that "Thirty days have elapsed since the death of the decedent."

There is one practical exception for vehicles. The New Castle County Register of Wills says a restricted affidavit can let next of kin transfer a vehicle before the 30 days are up, and that it may be granted to next of kin who live out of state.

The conditions you swear to

The affidavit is executed "under oath," and it attests to every one of these conditions in section 2306:

1. "No petition for the appointment of a personal representative is pending or has been granted."
2. "Thirty days have elapsed since the death of the decedent."
3. The personal estate, excluding jointly owned property and 1901(b) and (c) property, does not exceed $50,000.
4. "All known debts of the decedent are paid or provided for."
5. "The surviving spouse's allowance, pursuant to § 2308 of this title, has been paid, provided for, waived or has expired by lapse of time pursuant to § 2308(b) of this title."
6. "Decedent did not own real estate in Delaware, either solely or as tenants in common."

The affiant then furnishes the affidavit to whoever owes the money or holds the property, showing these conditions and the affiant's right to receive it. The person who collects distributes the property according to the will or, if there is no will, under Delaware's intestacy law in Chapter 5 of Title 12.

Who can get a Delaware small estate affidavit

Section 2306 sets an order of preference:

"Preference for receiving the personal estate of the decedent under this section for the purpose of making distribution thereof shall be given to the named executor in the decedent's will who is not disqualified by the provisions set forth in § 1508 of this title, the spouse, any child, any parent, any sibling, any grandchild or any grandparent of the decedent, or to a funeral director licensed in this State, in that order."

The statute's list of eligible people also includes a grandparent's other lineal descendants, the personal representative of a deceased eligible relative, the guardian or trustee of an incapacitated eligible relative, and the trustee of a trust the deceased person created. Those people have no set order among themselves.

New Castle County puts the order into practice this way: "Small estate affidavits are issued to the named executor in the original, valid, self-proven will." Without such a will, the Register issues the affidavit to the closest next of kin, in the order spouse, children (at least 18), parents, siblings and grandparents. Its mail-in form says the person requesting by mail cannot be a convicted felon.

How to get the affidavit (New Castle County)

Delaware has no statewide court form. The affidavit is issued county by county by the Register of Wills. The New Castle County Register of Wills describes it as "a document issued by the Register of Wills Office that allows an individual to take possession of a deceased person's solely owned personal property."

1. Wait 30 days after the death (or ask about a restricted affidavit if you need to move a vehicle sooner).
2. Gather what the Register asks for. New Castle County says: "You will need to bring a CERTIFIED copy of the death certificate and your picture I.D." If you are the named executor, bring the original will.
3. Apply in person or by mail. New Castle County has a Small Estate Affidavit Mail-In Request Form (revised June 16, 2026) and a small estates page with its pamphlet. The mail route is for a person who has a valid reason not to come in person, and the person who died must have lived in New Castle County. An affidavit received by mail cannot be used until it is properly notarized and 30 days have passed since the death.
4. Pay the fee. "There is a $10.00 fee for the first affidavit and $5.00 for each additional affidavit processed at the same time." Mail requests add $1 for postage. The statute itself sets no fee.
5. Present an original to each holder. Each bank, agency or company that releases property generally needs its own affidavit, which is why you can order several at once. The Delaware DMV will not accept a photocopy.
6. Distribute the property to the people entitled under the will or intestacy law.

The Kent County Register of Wills fee schedule (revised October 2, 2025) lists $5 for a small estate affidavit and $10 for one requested by mail. Its mail-in request form (revised July 2024) still shows the old $30,000 limit, so if the estate is between $30,000 and $50,000, confirm the limit with the Kent County Register before applying. For Sussex County, contact that county's Register of Wills for its forms, fees and procedure; we could not verify them.

No court approves the affidavit. If a bank or other holder refuses to pay, section 2307 says the money or property "may be recovered or compelled in an action brought in the Court of Chancery for such purposes by or on behalf of the distributees entitled thereto."

What the affidavit covers

Section 2306 lets the affiant collect from "any person owing any money, having custody of any property or acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right of the decedent." That reaches bank accounts, money owed to the person, property others are holding, and stocks or other securities through a transfer agent.

Cars, trailers and boats

The New Castle County Register of Wills says a small estate affidavit can transfer motor vehicles, trailers and boats, and that the DMV and DNREC require the original. The Delaware DMV's FAQ explains the title step:

"The executor/executrix of the decedent will sign the existing title over to you in section 1. The Division is required to witness the original document issued by the County Register of Wills Office. A photocopy of this document will not be accepted."

Section 2306(c) separately lets the named executor or, after the executor, next of kin take possession of the person's vehicle, retrieve clothing for the burial, and remove the belongings of a person who was the sole tenant of a rental unit (possession, not ownership; that removal must be completed within 30 days of the death). You must first get the limited form the Register of Wills provides for these steps. Watch out for the DMV's own Survivor Transfer Form MV11 (revised 3/99): it still refers to estates "where estate assets do not exceed $20,000," a figure the statute has since raised twice.

Final paycheck

Delaware's wage payment law (Title 19, Chapter 11) has its own small rule for wages: "the wages due the employee by an employer not in excess of $300 may, upon proper demand, be paid in the absence of actual notice of the pendency of probate proceedings without requiring letters testamentary or of administration." Payment goes in this order: children under 21 (to their custodian), the spouse, children 21 or older, then parents. The employer is discharged to the extent it pays. That chapter does not apply to federal, state or local government employers. For a larger amount, ask the employer what it needs.

Unclaimed property

We could not verify from an official Delaware page whether the State Escheator accepts a small estate affidavit for an heir's claim, or under what limit. Check with Delaware Unclaimed Property before you file, and see our Delaware unclaimed property guide for how searches and claims work.

Real estate

The affidavit does not reach real estate, and owning Delaware real estate alone or as a tenant in common rules it out entirely. New Castle County says real estate needs a regular estate, opened with a short certificate or letters. See our Delaware property records guide for how land records are kept.

The surviving spouse's allowance

Condition 5 refers to the surviving spouse's allowance in 12 Del. C. 2308: "cash up to the amount of $7,500 out of the estate of the decedent." The spouse claims it by notifying, in writing, the Register of Wills of the county where letters were granted and the executor or administrator, "within 9 months from the date of death or 6 months from the date of the granting of letters, testamentary or of administration, whichever shall be the shorter period."

The allowance is paid by an executor or administrator, so it belongs to an opened estate, not to the affidavit. Under the statute it "shall be considered to be a debt of the estate." Before signing a small estate affidavit, make sure the allowance has been paid, provided for, waived or has lapsed.

Liability and false affidavits

Section 2307 protects whoever pays on the affidavit. The payment "shall be released to the same extent as if made to the personal representative of the decedent," and the payer is not "required to see to the application thereof or to inquire into the truth of any statement in the affidavit."

The responsibility stays with the people who receive the property. The same section says "the distributees to whom payment, delivery, transfer or issuance is made shall be answerable therefor to any person having a prior right and be accountable to any intestate distributee or to any personal representative thereafter appointed."

Swearing falsely is a crime. Under 11 Del. C. 1221, "A person is guilty of perjury in the third degree when the person swears falsely," a class A misdemeanor. Perjury in the second degree under 1222, a class F felony, applies when the false statement is in a written instrument that requires an oath, is made with intent to mislead a public servant, and is material.

When to open an estate instead

Delaware has no court-supervised summary administration between the affidavit and a regular estate. The only route to collect without letters is the section 2306 affidavit. Open an estate with the Register of Wills if:

• The personal estate is worth more than the limit for the date of death.
• The person owned Delaware real estate alone or as a tenant in common.
• A petition to appoint a personal representative is already pending or granted.
• A surviving spouse is claiming the $7,500 allowance, which an executor or administrator pays.

Our Delaware probate guide explains how a regular estate works.

Related

• Small estate affidavit rules by state
• Delaware probate
• Delaware unclaimed property
• Delaware property records
• Maryland small estate affidavit
• Pennsylvania small estate affidavit

Disclaimer: This article is general legal information about Delaware law (12 Del. C. 2306 to 2308, 19 Del. C. Chapter 11 and 11 Del. C. 1221 and 1222), verified on 2026-10-07. It is not legal advice. For your specific situation, contact the Register of Wills in the county where the person lived, a legal aid office, or a lawyer licensed in Delaware.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Delaware?

Under 12 Del. C. 2306 as amended by 85 Del. Laws c. 281 (approved June 10, 2026), the personal estate may not exceed $50,000, excluding jointly owned property and beneficiary-designated benefits. The New Castle County Register of Wills applies $30,000 to deaths before June 10, 2026.

How long after death can I get a small estate affidavit in Delaware?

At least 30 days must have passed since the death (12 Del. C. 2306). New Castle County says a restricted affidavit can let next of kin transfer a vehicle before then.

Can I transfer a house with a small estate affidavit in Delaware?

No. The affidavit is not available at all if the person owned Delaware real estate alone or as a tenant in common, and New Castle County says real estate needs a regular estate with a short certificate or letters.

Does a Delaware small estate affidavit need to be filed with the court?

No. The county Register of Wills issues the affidavit and no court approves it. If a holder refuses to pay, section 2307 lets the people entitled to the property sue in the Court of Chancery.

Who can get a small estate affidavit in Delaware?

Section 2306 gives preference to the named executor, then the spouse, any child, parent, sibling, grandchild or grandparent, then a Delaware-licensed funeral director, in that order. New Castle County issues it to the named executor in an original, valid, self-proven will, otherwise to the closest next of kin.

How much does a small estate affidavit cost in Delaware?

New Castle County charges $10 for the first affidavit and $5 for each additional one processed at the same time, plus $1 postage by mail. The statute sets no fee. Kent County lists $5, or $10 by mail; check Sussex County fees with its Register of Wills.

Can I transfer a car with a Delaware small estate affidavit?

Yes, according to the New Castle County Register of Wills, which says the affidavit can transfer vehicles, trailers and boats. The Delaware DMV must see the original document issued by the Register of Wills; a photocopy is not accepted.

Do joint accounts and life insurance count toward the Delaware small estate limit?

No. Section 2306 excludes jointly owned property and property described in 12 Del. C. 1901(c), which covers insurance, pension and employee-benefit property payable to a designated beneficiary.

Why does the DMV form say $20,000?

The DMV Survivor Transfer Form MV11 is marked Revised 3/99 and still refers to estates not exceeding $20,000. The statute now sets $50,000, or $30,000 for deaths before June 10, 2026 according to New Castle County.