Delaware Small Estate Affidavit | Affidavit of Heirship
Delaware, like many states, has laws that allow a person’s successors to avoid probate court if the estate is deemed “small” or “uncomplicated.” When a person dies without a last will and testament, their estate normally goes automatically to probate court. However, probate court can be expensive and time consuming, which can further hurt grieving loved ones. If a deceased person’s assets are valued at less than $30,000, Delaware allows the family members or successors to file for affidavits of heirship or small estate affidavits.
Affidavit of Heirship: As long as a deceased person’s estate has no outstanding debts, the decedent did not leave a last will and testament, and values less than $30,000, then their successors may avoid probate court by filing for an affidavit of heirship for personal property like bank accounts.
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 to claim ownership of the real estate and avoid probate court.