Delaware Small Estate Affidavit Explained

Delaware’s small estate affidavit just got more useful in 2026 - worth understanding exactly which threshold applies based on the date of death.

What is the current threshold?

Delaware’s small estate affidavit threshold is now $50,000, up from $30,000, under House Bill 333, approved June 10, 2026 (85 Del. Laws, c. 281). The Delaware Code section now reads $50,000. Which deaths the new figure covers is less settled than an earlier version of this page said. The New Castle County Register of Wills’ pamphlet (revised June 2026) says the affidavit is available if the person died before June 10, 2026 with personal property under $30,000, or on or after that date with property under $50,000. One secondary summary reports that the act itself has no separate effective-date or applicability clause, and we could not confirm how the Kent County and Sussex County Registers of Wills apply the change. If the death was before June 10, 2026 and the estate is between $30,000 and $50,000, ask the Register of Wills in your county before relying on the higher figure.

Does the estate need to be free of real property?

Yes - the decedent must have owned no real estate in Delaware, either solely or as tenants in common, for the affidavit to apply at all.

What is the spousal allowance requirement?

If the deceased leaves behind a surviving spouse, the spousal allowance - an amount set aside by law for the spouse - must have been paid, provided for, waived, or expired before the affidavit can be used. A secondary source quoting 12 Del. C. 2308 puts the spouse’s cash allowance at up to $7,500; we did not read that section.

Who has priority to use this process?

Under 12 Del. C. 2306(b), as summarized by a secondary source, the order of preference is the named executor, then the surviving spouse, then any child, parent, sibling, grandchild, or grandparent, and finally a licensed Delaware funeral director. We did not read the subsection itself.

How does the process actually work?

At least 30 days must have elapsed since the death. The inheritor brings a certified copy of the death certificate and a picture ID, then fills out and signs the affidavit under oath, stating that 30 days have elapsed, the value doesn’t exceed the applicable threshold, the decedent owned no Delaware real estate, and the spousal allowance requirement has been satisfied. The county Register of Wills issues the affidavit (New Castle County has a mail-in request form), and the inheritor can then present certified copies to any person or institution holding the deceased’s property, who must then transfer it.

Can this transfer a vehicle too?

Yes - a small estate affidavit may also be used to transfer ownership of motor vehicles, trailers, and boats from the decedent’s name to another individual.

What should I do next?

Confirm the exact date of death and ask your county’s Register of Wills which threshold applies, and check that the estate includes no Delaware real estate before assuming this affidavit fits - that’s the condition most likely to disqualify an otherwise-small estate.

Add this to your Final Day Plan: whether you own any real estate in Delaware, even a small or partial interest - it’s the single detail most likely to determine whether your family can use this simplified process at all.

Delaware law changed as recently as June 2026 - confirm which threshold applies based on the specific date of death. This is general educational information, not legal advice - consult a Delaware-licensed attorney for guidance specific to your situation.