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A Small Estate

12 Del. C. § 2306 — personal property of $50,000 or less, no Delaware real estate, and an affidavit after 30 days

The spouse, a close relative, a trustee, a licensed funeral director, or the named executor may collect a person's personal property without being appointed, by an affidavit, when all of these are true:

  • 12 Del. C. § 2306
  • No petition for a personal representative is pending or has been granted.
  • Thirty days have passed since the death.
  • The personal estate, apart from jointly owned property and certain exempt items, is $50,000 or less.
  • All known debts are paid or provided for, and the spouse's allowance is settled.
  • The person owned no real estate in Delaware, alone or as a tenant in common.
  • 12 Del. C. § 2306
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A particular estate is a question for a licensed Delaware attorney or the Register of Wills.

  • 12 Del. C. § 2306
Sources for this section (1)
  1. 12 Del. C. § 2306 — Distribution of decedent’s property without grant of letters where estate assets do not exceed $50,000

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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