Delaware probate code · checked October 2026

Delaware Small Estate: The Limit, the Tracks, and the Form

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.

Run the free Delaware check

The Delaware line, in facts

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)).

The tracks in Delaware

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).

What catches families in Delaware

The cap is $30,000, not the $50,000 many charts print — the $50,000 figures are simply wrong against the current Code (Title 12, § 2306).
Delaware authorized transfer-on-death deeds only recently — they work for transferors dying on or after December 4, 2025; older lists showing Delaware as a no-TOD-deed state are stale.

Vehicles in Delaware

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.

Debts, and the signer's duty

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.

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