Delaware Small Estate Affidavit Form

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A Delaware small estate affidavit is a document that enables heirs to take possession of a deceased individual’s property without going through probate. It can only be used for low-value estates that do not include any real property. To obtain the affidavit, the decedent’s executor, spouse, or family member must submit a request to the register of wills.

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Delaware Small Estate Affidavit Form

Last updated December 11th, 2025

A Delaware small estate affidavit is a document that enables heirs to take possession of a deceased individual’s property without going through probate. It can only be used for low-value estates that do not include any real property. To obtain the affidavit, the decedent’s executor, spouse, or family member must submit a request to the register of wills.

Important: The small estate affidavit provided on this page is a sample form only. Individuals should refer to the instructions below for more information.

Laws

  • Maximum Estate Value: $30,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: Register of Wills

How to Get a Small Estate Affidavit

Step 1 – Review Small Estate Requirements

An estate is only eligible for distribution via a small estate affidavit if it meets the following requirements:

  • At least 30 days have passed since the decedent’s death
  • The estate is valued at $30,000 or less
  • No petition has been filed to appoint a personal representative
  • All of the decedent’s debts have been paid or properly addressed
  • The surviving spouse’s allowance has been paid or accounted for
  • The estate does not include any real property located in Delaware

Step 2 – Request Affidavit

Small estate affidavits are not available online and must be requested from the local register of wills office. Requests may be made in person or by mail by the decedent’s surviving spouse, next of kin, or the executor named in their will.[3] The fee is typically $5–$10, with additional charges for certified copies.

In Person

The requester must visit the register of wills office and submit the original will (if any), a certified copy of the death certificate, a valid photo ID, and payment for the filing fee.

By Mail

A Request for Small Estate Affidavit by Mail must be delivered to the register of wills, along with a certified copy of the death certificate, the original will (if applicable), a photocopy of the requester’s photo ID, and payment for the fee.

  • Request for Small Estate Affidavit by Mail
    • Kent County (PDF)
    • New Castle County (PDF)
    • Sussex County (PDF)

Step 3 – Transfer Assets

Once the request is approved, the requester will receive a “gold seal” affidavit. This document serves as proof of ownership and may be presented to banks, the DMV, or any other institution holding the decedent’s property to release the assets.

Note: The gold seal affidavit cannot be used until it is notarized.

Sources

  1. § 2306(a)(3)
  2. § 2306(a)(2)
  3. § 2306(a)