Small Estate Affidavit Form - Delaware
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Delaware Small Estate Affidavit Form: What Is It?
A Delaware Small Estate Affidavit Form allows an heir to successfully claim and inherit an estate that they are legally within right to collect after the passing of an individual. By creating and using a Delaware Small Estate Affidavit, the potential heir prevents a long waiting time during the court process and the probate process in particular.
It is worth noting that there is specific legislation concerning small estate affidavit forms. Within each state the laws will slightly differ but it is important to abide by them. We have collected all of the relevant laws for Delaware and this information can be found below:
- You can only file this document after a minimum of thirty days has passed since the death of the individual;
- The value of the estate should not exceed thirty thousand dollars (hence why the form concerns only small estates);
- There are no signing requirements for the document itself but it is worth knowing that the death certificate must be submitted along with the form. The death certificate should be notarized;
- If the individual that has passed leaves behind a spouse, that spouse is within legal right to receive a maximum of seven and a half thousand dollars before this document goes into processing.
A Delaware Small Estate Affidavit template can be downloaded by clicking the link below.
How to File a Small Estate Affidavit in Delaware?
Filing a Small Estate Affidavit in Delaware is easy as long as you know the procedures that follow. Now that we know the laws, you should also be aware of what the filing process entails:
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First of all, you need to ensure that the minimal number of days since the death of the individual has passed . In Delaware this is thirty days;
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Once this time is up you need to ensure that you fit the criteria and laws surrounding the estate . It may also be possible that the deceased had already made a will which you must take into account by getting in touch with the Register of Wills;
- Apply in person making sure that you have a notarized copy of the death certificate on hand.
Download Small Estate Affidavit Form - Delaware