Delaware House Bill 333 was introduced on March 25, 2026 and was signed into law on June 10, 2026, effective immediately. This bill raises the threshold to qualify for a small estate (in lieu of full probate) of a decedent’s personal assets from $30,000 to $50,000.

This is a big change because it allows family members of a decedent to distribute the property without having to probate an estate, which can sometimes be time-consuming. There are multiple steps to probate, for example, filing the necessary documents, for example a Will (if the decedent had one), opening documents, inventory, and accounting. This process, depending on the estate/facts of the matter, this can take time and can sometimes be stressful.

Pursuant to Delaware House Bill 333 section 2306 (3), “the value of the personal estate of the decedent other than property described in section 1901(b) and (c) of this title and other than jointly owned property, does not exceed $50,000”.

This change does not affect the threshold of solely-owned real estate. If a decedent has less than $50,000 in his or her sole name but owns an interest in real estate in Delaware in his or her sole name, then an estate would still need to be opened for probate. Contact us today if you should require assistance.