DE risk area
Probate risk in Delaware
Court-supervised estate process, timing, cost exposure, and public record requirements.
Delaware permits distribution of personal property by affidavit without letters when estate assets do not exceed the statutory small-estate threshold.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- Small-estate affidavit is available when personal estate assets do not exceed $30,000.
- Eligible persons can distribute the estate without appointment of a personal representative.
- Distribution must follow the will or Delaware intestacy rules.
- A small-estate affidavit is filed with the Register of Wills to distribute personal property without letters.
Questions to consider
Questions this risk area helps you evaluate in Delaware
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Delaware permits distribution of personal property by affidavit without letters when estate assets do not exceed the statutory small-estate threshold.
- Small-estate affidavit is available when personal estate assets do not exceed $30,000.
- Eligible persons can distribute the estate without appointment of a personal representative.
- Distribution must follow the will or Delaware intestacy rules.
- A small-estate affidavit is filed with the Register of Wills to distribute personal property without letters.
Sources
- https://law.justia.com/codes/delaware/title-12/chapter-23/subchapter-i/section-2306/
- https://www.nolo.com/legal-encyclopedia/delaware-avoiding-probate-31800.html
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Delaware.