What the rule says
Under Del. Code tit. 12, § 2306, a Delaware successor can collect personal property of a Delaware decedent without going through formal administration, if:
- The total value of the personal property does not exceed $30,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $30,000 threshold counts personal property only. - Real property requires separate procedures. - No court involvement for the affidavit procedure.
How this fits with DE's other tools
Delaware offers:
- Small estate affidavit (§ 2306): Personal property up to $30,000. - Standard probate: Court-supervised when warranted. - TOD framework for some assets through specific Delaware statutes. - Trust-based planning is particularly common in Delaware given the state's trust situs reputation.
What you can do about it
For a survivor of a Delaware decedent:
1. Calculate personal property value. Stay within $30,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
Delaware's small estate procedure is relevant for survivors of Delaware decedents with very modest probate estates.