Delaware small estate affidavit: limits & how it works
Delaware's small-estate affidavit allows a beneficiary to collect personal property without full probate when the estate is $50,000 or less.
DE small-estate limit
$50,000
- Small-estate affidavit available for estates under $50,000 in personal property.
- The affidavit is presented to the institution holding the assets — simplified process.
- Real property in the decedent's name alone generally still requires probate.
- Kindred can prepare the small-estate filing or run the full probate if the estate exceeds the limit.
Common questions
Do I need a lawyer for probate in Delaware?
Not strictly — Delaware allows an executor to handle probate without an attorney, and the Register of Wills assists families. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in Delaware?
No statutory percentage fee — attorneys typically bill $250-$400/hour or a flat fee. Filing fees run about $50-$100 plus a percentage-based probate fee. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.
How long does probate take in Delaware?
Typically 8 to 14 months. Creditors have 3 months from publication of notice to file claims. An inventory is due within 3 months of appointment.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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