The Delaware Small Estate Affidavit is a legal form filled out by the heirs of an estate when a family member has passed away with or without a will. Learn how to write a free Delaware Small Estate Affidavit form, the time and monetary limits involved and where to file the affidavit with the local county register of wills.
A Delaware small estate affidavit form is used for circumstances where the decedent has a limited amount of assets. To qualify in Delaware, the estate in question must be valued at a maximum of $30,000.
Delaware Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Delaware.
- Falls under Section 2306 Distribution of decedent’s property without grant of letters where estate assets do not exceed $30,000 – Administration of Decedent’s Estates in the Delaware Code.
- The estate in question must be valued at less than $30,000.
- Wait thirty days from the date the decedent passed away.
- Must be filed in the local register of wills in the county the decedent resided in at the time of death.
How to Write a Delaware Small Estate Affidavit Form
First, enter the name of the successor, the successor’s address, the decedent, the decedent’s address, and the date of the decedent’s death. Next, list all known personal property of the decedent and all known debts of the decedent.
A list of all known heirs and the personal property that each is entitled to should also be included in the affidavit. Finally, the successor signs and dates the form in the presence of a notary and two witnesses.
Free Delaware Small Estate Affidavit Form
At least thirty days must have elapsed since the death of the decedent, then the Delaware small estate affidavit form may be filed with the local register of wills in the county that the decedent resided in to allow collection of assets by the successors.
Fill out and print a free Delaware Small Estate Affidavit online.