AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO DISTRIBUTION OF DECEDENT'S PROPERTY WITHOUT GRANT OF LETTERS OF ADMINISTRATION.

Simpler transfers for more Delaware estates

Delaware raises its simplified estate transfer limit from $30,000 to $50,000 in personal property. Eligible recipients can receive property without Letters of Administration or Letters Testamentary, the formal authority to administer an estate. Jointly owned property and property excluded under 12 Del. C. §1901(b) and (c) do not count toward the limit. Existing safeguards remain: at least 30 days must pass after death, and no petition to appoint an estate representative can be pending or granted. All known debts must be paid or provided for. The surviving spouse’s allowance must be paid, provided for, waived, or expired under state law. The person who died cannot have owned Delaware real estate alone or as a tenant in common. Recipients must give the property holder a sworn statement confirming these conditions and their right to receive or transfer the property. Distribution follows the will or, without a will, Delaware’s inheritance rules. A qualified executor named in the will has first priority to receive the estate. Next come the surviving spouse, then any child, parent, sibling, grandchild, or grandparent, then a Delaware-licensed funeral director. Other eligible recipients have no preference among themselves. Separate access rights apply immediately after death to the qualified named executor and next of kin, with the executor taking priority. They can take possession of vehicles and enter premises solely to collect clothing for burial or viewing. They can also collect belongings from a residential rental unit where the deceased was the sole tenant. They must first obtain the Register of Wills’ form; access is limited to business hours and must finish within 30 days. Without a qualified named executor or next of kin, a funeral director can enter only to secure clothing. The Register of Wills can still issue an affidavit when appropriate.