eForms Logo

Delaware Small Estate Affidavit Form

A Delaware small estate affidavit is a legal document that enables an heir or beneficiary of a will to collect property that formerly belonged to a deceased person. The affidavit is an alternative to the probate system. The process is only available for estates with a total value below a maximum established by state law.
5.0 Stars | 6 Ratings
Downloads: 80

How to File (3 steps)

1. Wait 30 Days

At least 30 days must pass before completing a Delaware small estate affidavit.

2. Verify Eligibility

The person who ultimately fills out the affidavit is known as the “affiant.” The affiant should catalog the decedent’s assets to assure that their total value is less than $30,000. This affiant must make sure that there is no pending petition for an appointment of a personal representative. This may be done by consulting the Register of Wills in the county where the decedent resided.

3. Visit an Office or Request a Form

Although this form may be used as a guide, the actual affidavit is not available electronically, and the process must be completed in coordination with the Register of Wills. Affiants may the register’s office in the county where the decedent lived.
Alternatively, affiants may go to their register’s website and request that a form be sent be mail. In either case, applicants will need a notarized death certificate for the decedent. Once completed, the affidavit will be issued to the person that the decedent’s will named as executor of the estate. If the decedent died intestate, the affidavit will be issued to the decedent’s closest living relative.