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.



As long as a deceased person’s estate has no outstanding debts, no will or trust, no real estate, and values less than $30,000, then their successors may avoid probate court by filing for an affidavit of heirship. This allows the family or other successors to manage and distribute the decedent’s…

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…