Delaware Small Estate Affidavit Checker

A threshold that just changed — but only in one county

Genuinely current: as of June 10, 2026, the New Castle County Register of Wills has raised the small estate affidavit threshold from $30,000 to $50,000, for decedents who died on or after that date. Decedents who died before June 10, 2026 remain subject to the $30,000 threshold. Kent and Sussex Counties may have different thresholds — always confirm with the relevant county Register of Wills.

A date-of-death cutoff, not a filing-date cutoff

The higher $50,000 figure in New Castle County applies based on when the decedent died, not when the affidavit is filed — an estate for a death in May 2026 still uses the earlier $30,000 cap, even if the affidavit isn't filed until later.

Real estate is never covered, at any value

An estate must be probated if the decedent owned Delaware real estate solely or as a tenant in common — a $90,000 rowhome fails the affidavit the same way a $600,000 house does.

A common, costly assumption to avoid

Using the affidavit to close bank accounts doesn't bring the house along with it. Until letters are granted through full probate, no Delaware title insurer will write the deed a buyer needs.

Delaware small estate — frequently asked questions

What is Delaware's small estate threshold?

It now varies by county and date of death. New Castle County raised its threshold from $30,000 to $50,000, effective for decedents who died on or after June 10, 2026; Kent and Sussex Counties may use different figures.

Does the small estate threshold apply if the estate died before June 10, 2026 in New Castle County?

No — decedents who died before that date in New Castle County remain subject to the earlier $30,000 threshold, not the new $50,000 figure.

Does the affidavit ever reach real estate, no matter how modest the house?

No — an estate must be probated if the decedent owned Delaware real estate solely or as a tenant in common, regardless of the property's value.

Does using the affidavit for bank accounts also transfer the house?

No — until letters are granted through full probate, no Delaware title insurer will write the deed a buyer needs, even if the affidavit already closed out the bank accounts.

Which county's Register of Wills should be checked for the current figure?

The Register of Wills in the county where the decedent lived — always confirm the current threshold there before relying on any small estate procedure.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on 12 Del. C. §2306 and the New Castle County Register of Wills' June 2026 threshold change. Actual eligibility depends on the estate's full facts and the relevant county. Confirm with the applicable Register of Wills or a licensed Delaware attorney before acting.