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Small Estate Affidavit Limits in Delaware

In Delaware, an eligible person can collect a personal estate worth up to $50,000 by affidavit 30 days after the death, but only if the person owned no Delaware real estate alone or as a tenant in common.

Last checked . General information, not legal advice.

Delaware at a glance

Maximum estate value
$50,000
Personal estate, not counting jointly owned property and certain other excluded property.
Waiting period after death
30 days
Real estate can pass
No
Not available if the decedent owned real estate in Delaware solely or as a tenant in common.

Sources

Last checked

The rules in Delaware

What is the maximum estate value for a small estate affidavit in Delaware?

Maximum estate value in Delaware: $50,000. Personal estate, not counting jointly owned property and certain other excluded property.

How long after the death must you wait to use a small estate affidavit in Delaware?

Waiting period after death in Delaware: 30 days.

Can real estate pass by small estate affidavit in Delaware?

No. Real estate can pass in Delaware: no. Not available if the decedent owned real estate in Delaware solely or as a tenant in common.

Where do the Delaware small estate affidavit limits come from?

The rules above come from Del. Code tit. 12, 2306. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.