Delaware's $50,000 small-estate affidavit: collection without letters

Check eligibility before signing

• At least 30 days have passed since death.
• The personal estate is $50,000 or less.
• No letters testamentary or of administration have been granted.
• The affiant is entitled to receive the property and can identify other successors.

Gather the required documents

• Register of Wills small-estate affidavit
• Certified death certificate
• Original will, if one exists
• Asset statements and values
• Funeral bill and known creditor information
• Identification and successor consents requested by the Register

Follow the state procedure

Submit the affidavit through the county Register of Wills and obtain certified authority. Present it to holders, pay proper expenses and claims, and distribute the remainder according to the will or intestacy.

Know which property the shortcut reaches

The affidavit reaches personal property and debts owed to the decedent. Delaware real estate needs a separate title or estate process and is not conveyed by presenting this affidavit to a bank.

Understand the recipient's responsibility

The affiant collects for all entitled people and remains accountable for debts and distributions. A holder may rely on the affidavit, leaving the signer responsible for a false value, omitted successor, or improper payment.

Use another route when these facts apply

• Personal property exceeds $50,000.
• Letters have already been granted.
• Real property must be administered.
• A disputed will, heir, or creditor claim needs court supervision.