Quick answer: personal property only, at or under the applicable county threshold — the small estate affidavit. Any Delaware real estate solely owned or held as a tenant in common — full probate through the Register of Wills, regardless of value. Check your own numbers with the Delaware small estate checker.
The house never qualifies, whatever its price tag
Handwritten wills don't get a shortcut here
Unlike some other states, Delaware does not recognize holographic wills — an unwitnessed handwritten document generally won't be admitted to probate on its own.
An elective share that protects the spouse either way
Delaware provides a surviving spouse with an elective share of one-third of the decedent's augmented estate, protecting against disinheritance even when a will leaves the spouse less.
What skips probate before any threshold matters
Payable-on-death and transfer-on-death designated accounts, joint tenancy with right of survivorship, and assets held in a revocable living trust all pass outside of probate.
The decision, in order
- Is the asset in a trust, jointly held, or covered by a POD/TOD designation? → Skips probate entirely.
- No real property, personal property at or under the applicable county threshold? → Small estate affidavit.
- Any real property present, or personal property above the threshold? → Full probate through the Register of Wills.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens with the Register of Wills in the decedent's own county — New Castle, Kent, or Sussex.