Delaware executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Ask for certified death certificates, more than you thinkThe funeral director or vital records office issues them. Institutions often keep the copy you send, so plan on one each.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Locate the signed will and any changesThe signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
4. Look at the last pages of the willA sworn statement signed by the witnesses before an officer may be attached; what this state says about it is below.
5. Secure the home, car and mailLock up, keep the insurance in force, photograph valuables and forward the mail to yourself.
6. Pause before paying creditors or dividing keepsakesWho may act, and in what order bills get paid, depends on the route. Ask before you spend or distribute anything.
7. Put the power of attorney awayA power of attorney ends at the principal's death. Whoever was the agent no longer signs for the person.
8. Start an inventoryEvery account, property, vehicle and debt, with how each is held. Beneficiary and joint accounts usually pass directly, not through the estate.
9. Check the total against $50,000The official page's small estate figure (it changes with the date of death). Leave out anything the page says isn't counted.
10. Mark day 30 after the deathThe small estate route opens 30 days after the death, per the official page.
11. Open a simple money logOne line per payment or deposit, with the date, who, how much and the receipt. It makes the final accounting easy.
12. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  $50,000 for deaths on or after June 11, 2026; $30,000 before. Only when there's no real estate in the person's name alone. The affidavit can also transfer motor vehicles, trailers and boats.

  "does not exceed $30,000 for decedents who died before June 11, 2026"

  • By date of death: through June 10, 2026: $30,000; from June 11, 2026: $50,000.
  • Vehicles count toward this limit.

  Source: New Castle County Register of Wills: Small estates, checked November 2026

• ConfirmedReal estate

  Real estate in the person's name alone takes the estate out of this procedure.

  Source: New Castle County Register of Wills: Small estates, checked November 2026

• ConfirmedWaiting period after the death

  30 days. Wait 30 days from the date of death. A restricted affidavit lets out-of-state next of kin transfer a vehicle title sooner.

  "First, you need to wait 30 days from the date of death."

  Source: New Castle County Register of Wills: Small estates, checked November 2026

• Not confirmedNotary or oath

  Not confirmed — check New Castle County Register of Wills: Small estates.

• ConfirmedWhere the paperwork goes

  Through a court office. The affidavit is issued by the county Register of Wills office ($10 for the first, $5 for each additional one at the same time).

  "A Small Estate Affidavit is a document issued by the Register of Wills Office."

  Source: New Castle County Register of Wills: Small estates, checked November 2026

• ConfirmedOfficial form

  Small Estate Affidavit (Register of Wills mail-in request form). Requested from the Register of Wills in person or by mail.

  Source: New Castle County Register of Wills: Small estates, checked November 2026

• Not confirmedSimplified court procedure

  Not confirmed — check New Castle County Register of Wills: Small estates.

• ConfirmedWorth knowing

  New Castle County lists next of kin, without a will, as spouse, children (at least 18), parents, siblings, grandparents.

  Source: New Castle County Register of Wills: Small estates, checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two or more credible witnesses, who sign in the testator's presence.

  "attested and subscribed in testator's presence by 2 or more credible witnesses."

  Source: Delaware Code Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Wills, checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed at signing or any later date, before an officer authorized to administer oaths in the state, under official seal.

  "before an officer authorized to administer oaths under the laws of this State"

  Source: Delaware Code Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Wills, checked November 2026

• ConfirmedIf the will is handwritten

  Not recognized. A will that isn't written, signed and witnessed as the statute says is void. A separate handwritten list can cover only certain personal items.

  "Any will not complying with subsection (a) of this section shall be void."

  Source: Delaware Code Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Wills, checked November 2026

• ConfirmedA witness who inherits

  A witness who gets something under the will doesn't make the will or any part of it invalid.

  "A will or any provision thereof is not invalid because the will is signed by an interested person."

  Source: Delaware Code Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Wills, checked November 2026

Documents to gather

• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The official small estate form: Small Estate Affidavit (Register of Wills mail-in request form)

Who to notify

Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Delaware Division of Corporations. Personal (non-commercial) documents: $30 for any documents presented together. Commercial documents: $30 per document.

  Source: Delaware Division of Corporations, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Delaware:

• New Castle County Register of Wills: Small estates
• New Castle County Register of Wills: Small estate affidavit pamphlet (PDF)
• Delaware Code Title 12, Chapter 13, Probate of Wills (section 1305, self-proved wills)

Still to confirm

• Notary or oath: check New Castle County Register of Wills: Small estates
• Simplified court procedure: check New Castle County Register of Wills: Small estates

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Estate paperwork help