Delaware Small Estate Affidavit

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

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

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.