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Spiegel & Utrera, P.A. is a fully licensed law firm that delivers professional legal services at extremely affordable prices.

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Most states have enacted laws for the expedited probate administration of small estates in order to enable heirs to obtain property of the deceased provided certain requirements are met. As a result, small estates may be summarily administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available.

If certain requirements are met, the personal property of a deceased may be transferred to the successors (such as beneficiaries of the deceased’s will, intestate heirs, guardians, conservators, trustees, and attorneys in fact) of the deceased without the need to open a probate with the probate court. In order to do so, the entire estate of the deceased must qualify as a small estate and a document known as an affidavit must be filed to initiate the process. The successors of the deceased may make their claims to the property and take title if there are no conflicting claims. Title to real property may not be transferred.

The spouse of the deceased or any person who is a grandparent of the deceased, a brother, sister, aunt or uncle of the deceased, the personal representative, the guardian or trustee, or the trustee of a trust created by the deceased, or a funeral director licensed in the State, shall be entitled to the personal estate of the deceased for the purpose of making distribution without awaiting the appointment of a personal representative or probate of a will if the following requirements are met:

• There is no petition for the appointment of a personal representative;
• Thirty days have elapsed since the death of the deceased;
• The value of the personal estate of the deceased does not exceed $30,000;
• All known debts of the deceased are paid or provided for;
• The surviving spouse's allowance under Delaware law has been paid, provided for, waived or has expired by lapse of time;
• The deceased did not own solely-owned real estate located in Delaware; and
• An affidavit has been filed stating that the previously-described requirements have been met and the right of the affiant to receive such money or property or to have such evidence transferred for the purpose set forth in this subsection.

Under Delaware law, there is a preference that the relative of the deceased, such as the spouse, child, parent, sibling, grandchild or grandparent, or the funeral director, receive the personal estate of the deceased. Furthermore, the next of kin of the deceased may have the right to take possession of the motor vehicle or vehicles of the deceased and may enter any premises for the purpose of removing clothing belonging to the deceased for the burial or viewing. If there is no next of kin available, the funeral director may have access to enter the premises for the purpose of securing clothes for burial of the deceased.

Spiegel & Utrera, P.A. stands ready to help you during the administration of your loved one’s estate.

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