Extract Data From Legal Delaware Small Estates Forms For Free

First, you need to wait 30 days from the date of death. After that period, you may come into the Register of Wills office to petition for the small estate affidavit. You will need to bring a CERTIFIED copy of the death certificate* and your picture I.D. (preferably a valid driver's license).

After the maker dies, it is the legal duty of any person in possession of any document that might be a Will to deliver it to the Register of Wills within ten (10) days after receiving notice of the maker's death.

Once a will is filed for a decedent, it becomes public record. Therefore, anyone can get copies or review files in our office. However, we only have information on people who were domiciled in New Castle County at the time of their death.

If the deceased's assets are less than $30,000, and there is no real estate in his/her name alone, the Register of Wills Office issues a Small Estate Affidavit to transfer the assets of your loved one.

Probate is required in Delaware in most cases unless you have all assets in a living trust, or they all go to a named beneficiary with a payable on death or transfer on death title. Small estates may use an affidavit instead of going through probate to transfer assets.

Except where circumstances justify a longer period, an executor or administrator shall have 1 year from the date of letters for settling the estate of the decedent; and until the expiration of that time, the executor or administrator shall not be required to make distribution, nor be chargeable with interest upon the ...