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Delaware Small Estate: Filing How-To

Check the county and the date of death before anything else — the threshold itself depends on both.

12 Del. C. §2306

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: confirm which county's Register of Wills applies, check the date of death against any recent threshold change, confirm no real estate is involved, then file with that county's Register. Check whether an estate qualifies with the Delaware small estate checker.

Step by step

  1. Identify the county where the decedent lived: New Castle, Kent, or Sussex.
  2. Check the date of death against that county's current threshold, especially in New Castle County.
  3. Confirm no real estate was solely owned or held as a tenant in common by the decedent.
  4. Total the personal property against the applicable threshold.
  5. File with the relevant county's Register of Wills.

A threshold tied to the date of death, not the filing date

Genuinely important: 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 — the relevant date is death, not when the paperwork is filed.

Don't let the affidavit create a false sense of completion

The affidavit can close bank accounts, but it will not clear title to a house — full probate and Letters are still needed before any title insurer will write the deed a buyer requires.

Facing probate in Delaware?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Delaware attorney

Each of Delaware's three county Registers of Wills processes this affidavit under the same 12 Del. C. §2306, though the exact dollar figure can differ by county and by date of death.

How-to — frequently asked questions

Why check the date of death before filing in New Castle County?

Because the threshold there depends on it — $50,000 applies only to deaths on or after June 10, 2026; deaths before that date remain subject to the earlier $30,000 cap.

Where is the affidavit filed?

With the Register of Wills in the county where the decedent lived — New Castle, Kent, or Sussex — since each county's Register handles its own filings.

What confirms whether real estate blocks the process?

Whether the decedent owned Delaware real estate solely or as a tenant in common — if so, full probate is required regardless of the affidavit threshold.

Should the affidavit be used to close bank accounts if a house is also involved?

The affidavit can close the accounts, but it will not clear title to the house — full probate and Letters are still needed before any title insurer will write the deed a buyer requires.

Keep going

Delaware Small Estate Affidavit CheckerDoes this estate qualify? Do I Need Probate in Delaware?Why the house always needs its own path Transferring a Car in Delaware Without ProbateUsing the affidavit at DMV Delaware Probate Cost CalculatorIf this estate needs full probate

This page provides general guidance only and is not legal advice. Based on 12 Del. C. §2306 and reported New Castle County Register of Wills threshold changes as of mid-2026. Confirm current requirements with the relevant county's Register of Wills or a licensed Delaware attorney before acting.