What Is Considered a Small Estate in Delaware?

Not every estate has to go through the full probate process. In Delaware, if the estate is small enough and meets certain conditions, there’s a much simpler way to handle it.

To qualify as a small estate in Delaware , two main conditions have to be met:

1. The decedent cannot have owned real estate in their sole name. If the property was owned jointly with a spouse or someone else, or if it was in a trust or covered by a transfer-on-death deed, that’s fine - it won’t count against the small estate qualification.
2. The total value of the decedent’s solely owned assets must be $30,000 or less. That means all bank accounts, vehicles, collectibles, and personal property in the decedent’s name alone must add up to no more than $30,000. Jointly owned assets don’t count toward that total.

If an estate meets those two requirements, you can usually skip the full probate process and instead apply for what’s called a small estate affidavit through the Register of Wills.

That affidavit gives you the legal authority to:

• Transfer car titles
• Access small bank accounts
• Handle final bills or distributions

It’s a much quicker process than regular probate - usually just a short appointment at the Register of Wills and a few forms to sign.

Even though small estates are simpler, it’s still smart to talk to an attorney before you file. A quick consultation can confirm that you truly qualify and help you avoid surprises, like undisclosed assets or small debts that could complicate things later.

If the estate has no real estate and under $30,000 in assets, Delaware’s small estate process can save you time, money, and stress. But it’s worth double-checking with a professional first - because if something is missed, you could end up needing full probate after all.

If you think your loved one’s estate might qualify, I can help you confirm eligibility and prepare the paperwork. We’ll make sure everything is filed correctly so you can handle things efficiently and move forward with peace of mind.