Delaware Probate Exemption Increased to $50,000 

The Delaware probate process takes time, effort, and cost. Our statute exempts small estates from the probate process. For small estates, a small estate affidavit procedure is available for a decedent’s personal representative to claim the decedent’s assets, instead of going through the full probate process. Since 2005, that probate exemption has been $30,000. This means that for a decedent who owns no real estate in his or her own name, but owns individually titled non-beneficiary designated assets totaling less than $30,000, no probate is required. This helps families of modest means by avoiding probate and maximizing assets to pass on to heirs. 

The $30,000 threshold established over 20 years ago was due for an adjustment to today’s dollars, as many decedents of modest means exceeded it. 

HB 333, signed into law on June 10, 2026, raises the probate exemption from $30,000 to $50,000 for small estates in Delaware.  

Following is a Press Release by New Castle County Register of Wills Ciro Poppiti III on the new law: 

New Castle County Register of Wills Ciro Poppiti III

Announces A Win for Delaware Taxpayers, Families

New law raises Delaware's probate exemption to $50,000,

expediting the probate process for many families

Wilmington, Del. – New Castle County Register of Wills Ciro Poppiti III is pleased to announce the passage of Delaware House Bill 333, which is commonsense legislation that protects Delaware’s seniors and taxpayers. 

HB 333 raises the probate exemption level from $30,000 to $50,000, meaning that as of June 10, 2026, if a Decedent has less than $50,000 in his or her own name (and no real estate in his or her own name), family members do not have to open formal probate. This saves all stakeholders – including the Decedent's family and New Castle County – from spending time, money, and needless red tape for a low-asset estate. Register Poppiti praised the bill and the legislators who made it happen.

"HB 333 is part of a multi-layered initiative to expedite the probate process,” said Register Poppiti. “I am truly grateful to the Bill's champions: Register DJ Cox in Kent County, Representative Eric Morrison (House District 27), and Senator Dan Cruce (Senate District 1). They have repeatedly been at the forefront of legislation that protects our seniors."

The $30,000 threshold had not been updated since 2005. Since then, the Consumer Price Index for the Philadelphia-Camden-Wilmington region has risen approximately 66.5%. Neighboring states including Pennsylvania, Maryland, and New York already use a $50,000 threshold, leaving Delaware out of sync with the region.

The outdated limit created real hardship. A surviving family left with one car and a miscellaneous bank account (assets that easily exceed $30,000 today) could be forced into full probate proceedings despite having a modest estate. HB 333 corrects that.

"Working together with our Registers of Wills in all three counties, we were able to advance commonsense legislation that makes an often-difficult process a little easier for Delaware families,” said Senator Cruce, emphasizing the new law’s human impact. “At a time when so many neighbors are already coping with the loss of a loved one, we should be reducing unnecessary financial burdens, not adding to them. This collaborative effort is about affordability, compassion, and ensuring government works for people when they need it most."

Highlighting the need to modernize Delaware’s estate laws, House sponsor Representative Eric Morrison said that he was happy to work with New Castle County Register of Wills Ciro Poppiti to pass this important legislation. “HB 333 modernizes the small estate threshold, which has not been updated in more than twenty years, and will help many Delawareans, especially surviving spouses and individuals on the lower socioeconomic end of the spectrum."

"I am happy that the probate amount of $30,000 has been changed to $50,000,” said Kent County Register of Wills DJ Cox, a key partner in building statewide support for the bill. “This will allow a smoother and faster process for many families when using the Register of Wills office."

With the passage of HB 333, Delaware joins its neighbors in bringing the small estate threshold in line with today's cost of living, further ensuring support for families in their most vulnerable moments.

For any questions please contact: Register of Wills Ciro Poppiti at (302) 395-7800.