--- title: "Does a Small Estate Affidavit Need a Notary in Delaware?" description: "Delaware small estate affidavit: yes, a notary is required, per the official page. What else the signing needs, and the next step." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/small-estate-affidavit-delaware" --- Does it need a notary? · Delaware # Does a small estate affidavit need a notary in Delaware? The answer from the state's own pages, what else a small estate affidavit needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) Yes, a notary is required. Signed before a notary: Kent County's Register of Wills says that once you receive the affidavit by mail you take it to a notary and sign it in front of them (revised July 2024). ## In the source's wording "you must take it to a notary and sign the affidavit in front of them" From the sources listed below, checked November 2026. ## What else the signing needs Value 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" Waiting period 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." Where it goes 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." Official form Small Estate Affidavit (Register of Wills mail-in request form). Requested from the Register of Wills in person or by mail. [Open the official form](https://www.newcastlede.gov/156/Small-Estates) Other simplified route Small estate administration (Register of Wills). The small estate procedure itself: the affidavit goes through the Register of Wills and, as Nolo's summary puts it, lets inheritors skip probate altogether. ## Next step Sign by video with our New Jersey notary while you're in Delaware, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state ([N.J.S.A. 52:7-10.10](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). How Delaware treats it: Delaware's notary law, rewritten in 2022 by Senate Bill 262, says a notarial act performed in another state has the same effect under Delaware law. [More on Delaware signers](/notary/online-notary/delaware). Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state). Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in Delaware](/notary/mobile-notary-outside-new-jersey?state=Delaware#request) Booking sends a request; we confirm the time and the price before you pay. In person, we look for a notary commissioned in Delaware near you; you approve the price first. If a local notary in Delaware does it: Up to $5 per notarial act on a paper record, under the state's fee rules ([Delaware notary fees](/notary/fees-by-state/delaware)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Sources - [New Castle County Register of Wills: Small estates](https://www.newcastlede.gov/156/Small-Estates) (checked November 2026) - [New Castle County Register of Wills: Small estate affidavit pamphlet (PDF)](https://www.newcastlede.gov/DocumentCenter/View/136/Small-Estate-Affidavit-Pamphlet-PDF) (checked November 2026) - [Nolo (secondary source): Probate Shortcuts in Delaware (Nolo, updated 4/24/2024)](https://www.nolo.com/legal-encyclopedia/delaware-probate-shortcuts-32150.html) (checked November 2026) - [Kent County (Delaware) Register of Wills: Request for Small Estate Affidavit by Mail (revised July 2024)](https://kentcountyde.gov/files/sharedassets/public/v/1/content-publishers/wills/wills-pdf/request-for-small-estate-affidavit-by-mail.pdf) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance. ## Common questions **Is a notary required for a Delaware small estate affidavit?** Yes, a notary is required. Signed before a notary: Kent County's Register of Wills says that once you receive the affidavit by mail you take it to a notary and sign it in front of them (revised July 2024). **What is the small estate limit in Delaware?** $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. **How long after a death can the Delaware affidavit be used?** Wait 30 days from the date of death. A restricted affidavit lets out-of-state next of kin transfer a vehicle title sooner. **Is the Delaware affidavit filed with a court?** The affidavit is issued by the county Register of Wills office ($10 for the first, $5 for each additional one at the same time). **Can I sign the Delaware affidavit with an online notary?** Our New Jersey notary can notarize it by video while you're in Delaware. Delaware's notary law, rewritten in 2022 by Senate Bill 262, says a notarial act performed in another state has the same effect under Delaware law. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit. **What does a notary charge in Delaware?** Up to $5 per notarial act on a paper record, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first. ## Keep going - [Eligibility checker](/notary/small-estate-eligibility-checker?state=de) - [Small estate rules in every state](/notary/small-estate-affidavit-by-state) - [A car title in Delaware](/notary/does-it-need-a-notary/car-title-delaware) - [A will in Delaware](/notary/does-it-need-a-notary/will-delaware) A small estate affidavit in another state: [Connecticut](/notary/does-it-need-a-notary/small-estate-affidavit-connecticut) · [District of Columbia](/notary/does-it-need-a-notary/small-estate-affidavit-district-of-columbia) · [every state](/notary/does-it-need-a-notary?doc=small-estate-affidavit) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)