If real estate property in Delaware values at less than $20,000, successors of a deceased loved one may file for a small estate affidavit rather than go through probate court. Probate court can be expensive and time-consuming. In Delaware, the small estate affidavit is available only to spouses, certain relatives like children, or the funeral director. These affidavits are governed by Del. Code Ann. tit. 12, § 2306.
How to Write
- Residents of New Castle County must download and complete the Small Estate Affidavit Request Form.
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with the proper clerk or courthouse.