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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationDelaware

The small estate affidavit in Delaware

Where Delaware law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Delaware; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The affidavit’s conditions: no petition pending or granted, the waiting period, the value limit, and real estate

(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 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.

(6) Decedent did not own real estate in Delaware, either solely or as tenants in common.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(1)–(3), (6) (85 Del. Laws c. 281)

Who may sign the affidavit, and the oath

The spouse of a decedent or any person who is a grandparent of the decedent, a lineal descendant of a grandparent of the decedent, … or the trustee of a trust created by the decedent, a funeral director licensed in this State, or the named executor or executors in the decedent’s will

upon executing an affidavit attesting to all of the following under oath:

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)

Debts and the surviving spouse’s allowance, and the Register’s own discretion

(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.

Nothing in subsection (a) of this section shall preclude the Register of Wills from issuing an affidavit when and where appropriate.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(4)–(5), (d)

What may be done before letters are granted: vehicles, burial clothing, and the Register’s form

To take possession of the decedent’s motor vehicle or vehicles.

To enter any premises for the sole and exclusive purpose of removing from the premises clothing belonging to the decedent to be used for the burial or viewing of the decedent.

The register of wills shall provide a form limited to facilitating action taken pursuant to this subsection. Such a form must be obtained prior to any person acting pursuant to this subsection.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(c)(1)–(3)

The same page for other states

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FAQ

Common questions

(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 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.

(6) Decedent did not own real estate in Delaware, either solely or as tenants in common.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(1)–(3), (6) (85 Del. Laws c. 281)

(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 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.

(6) Decedent did not own real estate in Delaware, either solely or as tenants in common.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(1)–(3), (6) (85 Del. Laws c. 281)

(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 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.

(6) Decedent did not own real estate in Delaware, either solely or as tenants in common.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(1)–(3), (6) (85 Del. Laws c. 281)

The spouse of a decedent or any person who is a grandparent of the decedent, a lineal descendant of a grandparent of the decedent, … or the trustee of a trust created by the decedent, a funeral director licensed in this State, or the named executor or executors in the decedent’s will

upon executing an affidavit attesting to all of the following under oath:

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)

(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.

Nothing in subsection (a) of this section shall preclude the Register of Wills from issuing an affidavit when and where appropriate.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(a)(4)–(5), (d)

To take possession of the decedent’s motor vehicle or vehicles.

To enter any premises for the sole and exclusive purpose of removing from the premises clothing belonging to the decedent to be used for the burial or viewing of the decedent.

The register of wills shall provide a form limited to facilitating action taken pursuant to this subsection. Such a form must be obtained prior to any person acting pursuant to this subsection.

Delaware · general information · checked October 24, 2026 · 12 Del. C. §2306(c)(1)–(3)

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