Using a Small Estate Affidavit in Delaware to Claim a Deceased Parent's Bank Account

Detailed Answer: Using a Small Estate Affidavit in Delaware to Claim a Deceased Parent’s Bank Account

When a parent dies, their bank accounts may be released to the surviving heirs or beneficiaries without full probate if the estate qualifies as a “small estate.” In Delaware, decedents’ estate law is in Title 12 of the Delaware Code. Before you proceed, confirm whether the estate and the specific asset (the bank account) qualify under Delaware law. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/ and the Delaware Courts home page for probate and Register of Wills contacts: https://courts.delaware.gov/.

Step-by-step overview

1. Confirm whether a small estate affidavit is appropriate.

   Most small estate procedures apply only to personal property (bank accounts, vehicles, personal effects), not real estate. Find out whether Delaware has a small estate threshold that applies to the type of account you want to claim and whether a formal probate or appointment of a personal representative has already been opened. If an estate administration has already been opened in court, a small estate affidavit will typically not be usable.

2. Identify how the account is titled.

   Before using an affidavit, determine whether the account is payable-on-death (POD) to a named beneficiary, jointly owned with rights of survivorship, or solely in the decedent’s name. If there is a POD beneficiary or joint owner, the bank usually transfers the funds to that person without any affidavit. If the account is only in the decedent’s name and no probate has been opened, a small estate affidavit may permit transfer.

3. Gather required documents.

   Typical documents banks require along with a small estate affidavit include:

   • Certified copy of the decedent’s death certificate.
   • Photo ID for the person presenting the affidavit.
   • Account statements or bank documentation showing the account number and balance.
   • Evidence of your relationship to the decedent (e.g., birth certificate, will naming you as beneficiary or heir).
4. Prepare the affidavit.

   Delaware may not publish a single statewide affidavit form; some banks or county registers of wills provide forms or templates. The affidavit generally must state:

   • The decedent’s name, date of death, and last address.
   • That no personal representative or administration has been appointed (or that administration has been closed).
   • A description of the personal property being claimed (bank account number and approximate balance).
   • Your name, address, relationship to the decedent, and that you are entitled to receive the property under intestacy or as beneficiary.
   • An oath or affirmation signed before a notary public.

   Contact the bank first to ask whether they have a required affidavit form or language. Banks often use their own forms and may refuse a generic affidavit.

5. Sign the affidavit before a notary and present it to the bank.

   Bring the notarized affidavit, certified death certificate, your ID, and account documentation to the bank. The bank will review and decide whether to release funds. Banks may have internal policies requiring additional documents, a corporate indemnity, or a waiting period before disbursing funds.

6. Understand creditor rights and possible waiting periods.

   Collecting small estate property does not eliminate creditors’ rights. In many jurisdictions, creditors may still make claims against the estate. Delaware’s probate and claims rules are in Title 12 of the Delaware Code (see https://delcode.delaware.gov/title12/). Banks sometimes delay distribution to permit time for creditor claims or request an indemnity if they pay out funds.

7. When a small estate affidavit won’t work.

   A small estate affidavit is not appropriate if the estate owns real property that needs administration, if the estate value exceeds the applicable limit for summary collection, if there is a pending probate case, or if the bank or other payor refuses to accept the affidavit. In those cases you will likely need to open a probate estate or obtain letters of administration from the Register of Wills.

Common bank responses and next steps

• If the bank accepts the affidavit: the bank will release funds according to its policy (sometimes the entire balance, sometimes up to the affidavit limit).
• If the bank refuses: ask for written reasons. They may require probate, a court order, letters testamentary, a beneficiary designation, or confirmation from the Register of Wills.
• If multiple people claim the account: the bank may freeze the account and require a court decision resolving competing claims.

Where to find Delaware forms and local help

Start with Title 12 of the Delaware Code for statutory guidance: https://delcode.delaware.gov/title12/. For local procedures and Register of Wills contacts, visit the Delaware Courts website: https://courts.delaware.gov/. County registers of wills or the courthouse can confirm whether a local affidavit form exists or whether you must open an estate.

When to consult an attorney

Speak with an attorney if the account balance is substantial, if there are competing heirs or a disputed will, if the estate includes real property, or if the bank refuses the affidavit. An attorney can prepare the correct affidavit wording, advise on creditor exposure, or open a probate administration if needed.

Short hypothetical illustration

Hypothetical: Your father died owning a bank account titled solely in his name. You are his only surviving child and there is no will. You obtain a certified death certificate, confirm no probate has been opened, prepare a notarized small estate affidavit stating you are entitled to the funds as the sole heir, and submit it with the death certificate and account statement to the bank. The bank accepts the affidavit and releases the funds to you. If the bank refuses, you would either need a court order or to open a short probate administration in Delaware.

Important legal disclaimer

This information is educational and does not constitute legal advice. I am not a lawyer. For advice specific to your situation, contact a licensed Delaware attorney or your local Register of Wills.

Helpful Hints

• Call the bank first. Ask whether they accept a small estate affidavit, whether they have their own form, and what additional documents they require.
• Obtain several certified copies of the death certificate from the state vital records office; banks often require originals.
• Look for POD or beneficiary designations and joint-owner arrangements before preparing an affidavit.
• Keep careful receipts and records of any funds you collect on behalf of the estate in case of later claims.
• Check Title 12 of the Delaware Code for statutory details: https://delcode.delaware.gov/title12/.
• If you expect creditor claims, or if the estate has taxes or real property, consult an attorney promptly.
• If multiple heirs exist, consider getting an agreement in writing among heirs before presenting the affidavit to the bank.