Personal property
$30,000
statutory cap
30-day wait
Personal estate only; excludes jointly-held property and § 1901(b)/(c) property.
DE · Register of Wills
Delaware
Small-estate-affidavit threshold and procedure under § 12 Del. C. § 2306.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Delaware's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Personal estate only; excludes jointly-held property and § 1901(b)/(c) property.
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
Statute requires that decedent did not own real estate in Delaware solely or as tenants in common.
03
Where to file
File with the Register of Wills in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Delaware judicial system operates an authoritative court locator.
Find your county’s Register of Wills via the Delaware judicial council website. Search for “Delaware Register of Wills county locator” or visit the state government court directory.
04
Form & statute
Form
- Affidavit pursuant to 12 Del. C. § 2306Title varies by county Register of Wills.
Statute