Detailed Answer
Under Delaware law, you can use a small estate affidavit to collect certain personal property without opening a full probate estate when the net value of assets does not exceed $30,000. See 12 Del. C. § 1307.
To complete a small estate affidavit, gather the following key documents:
- Certified Death Certificate: Obtain an official copy from the Division of Public Health, Office of Vital Statistics.
- Small Estate Affidavit Form: Use a template that meets requirements of 12 Del. C. § 1307, including all required statements and signatures.
- Affiant’s Proof of Identity: Provide a government-issued photo ID (driver’s license, state ID or passport) for each person signing the affidavit.
- List of Heirs or Beneficiaries: Identify all persons entitled to the property under Delaware intestacy rules. Include full names and relationships.
- Asset Documentation: Attach copies of account statements, certificates of deposit, stock certificates or other evidence showing the decedent’s personal property holdings.
- Vehicle or Vessel Titles (if applicable): Include clear titles and registration documents for cars, boats or other titled items.
- Affidavit Notarization: Sign the affidavit before a Delaware notary public. The notarized affidavit serves as the court-approved claim to estate assets.
Once assembled, deliver the affidavit and supporting documents to the institution holding each asset (bank, brokerage, DMV, etc.). They will release funds or property directly to the affiant(s).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Delaware to address your specific situation.
Helpful Hints
- Confirm the estate’s net personal property value does not exceed $30,000 before using the affidavit.
- Order multiple certified death certificates to cover banks, government agencies and other institutions.
- Use the latest version of the affidavit form from the Delaware Courts or local county prothonotary.
- Provide clear, legible copies of all documents to avoid processing delays.
- Keep a record of all filings, deliveries and receipts when submitting your affidavit.
- Consult an attorney if the estate includes real property, contested claims or debts that exceed available assets.