In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Delaware, the law provides for a simplified process to administer small estates. According to Delaware Code Title 12, Chapter 23, if the value of the personal property in the estate does not exceed $30,000, the property can be distributed without formal administration. An interested party may use an affidavit to claim the property, provided that 30 days have passed since the death of the decedent. This affidavit must be signed by the person entitled to the property and must state that they are entitled to the property, that the estate's value does not exceed the statutory limit, and that no application for the appointment of a personal representative is pending or has been granted in any jurisdiction. Delaware law also allows for the summary administration of small estates in certain circumstances, which can expedite the process further. It is important for individuals dealing with small estates in Delaware to consult with an attorney to ensure compliance with the specific requirements and procedures outlined in the state statutes.