Short answer
Generally no. The Kent County Register of Wills describes the small estate affidavit as a tool for estates with no solely owned real estate and limited personal property. If the person who died owned the house alone, the estate normally has to be opened and a personal representative appointed before a sale.
What the affidavit covers
A small estate affidavit lets the closest next of kin collect property without opening a full estate. The Kent County Register of Wills describes it for a person who does not have solely owned real estate and has solely owned personal property under the small-estate limit, which House Bill 333 raised to $50,000 effective June 10, 2026, such as a car, a boat, a tractor or a bank account. The county's May 2024 brochure used $30,000, but House Bill 333, effective June 10, 2026, raised the limit in 12 Del. C. § 2306 to $50,000. Thresholds can change, so confirm the current number with the Register of Wills before relying on it.
Why a house usually rules it out
The same brochure lists the cases that need a full estate. One is any Delaware real estate owned in the decedent's name alone, either solely or as a tenant in common with others. That means a house in one person's sole name pushes the family into regular probate even when the bank accounts are tiny. The affidavit route is for estates with no such real estate. Trying to use it for a solely owned house is the wrong tool.
What the next of kin must still do
Even under the small estate route, the brochure says a person who collects property must follow the will if there is one. If there is no will, Delaware's intestate succession rules decide who gets what, and debts are paid first. So the affidavit is not a shortcut around the family's legal duties. It only removes the need for a court appointment on small personal property. Families sometimes assume the paper lets them sell everything. It does not.
What to do if your case is borderline
If the house is jointly owned with survivorship, a different paper may apply, and we cover that in a separate guide. If the title is unclear, or the family is unsure who is on the deed, order a title search or ask an estate attorney. This page is general information and not legal advice. The Register of Wills staff can tell you which filings apply, though they cannot advise you on strategy.
Selling for cash instead
If the house is the only big asset and the estate is not yet open, you may want a buyer who can work around that timeline. If you want a direct sale, Kaizen Home Buyers can make a cash offer on the house exactly as it stands. There are no repairs and no agent commission. An offer can come within 24 hours, and closing takes 14 to 30 days or lands on your date. The number is 267-329-0084.