When someone dies without a will in Delaware, proving who inherits their property can be tricky. One way to do that is with an affidavit of heirship. This legal document lists the deceased person’s family members and confirms who has the right to inherit. The process used to file this document has changed Delaware now allows electronic submission, making it easier for families to handle estate matters without visiting courthouses in person.

What is an affidavit of heirship in Delaware?

An affidavit of heirship is a sworn statement that identifies the legal heirs of a person who died without a will. It's often used when real estate or other assets need to be transferred. In Delaware, this document must be signed by someone who knows the facts like a relative or close friend and then filed with the county recorder’s office. The goal is to clear up ownership so property can be legally passed on.

Can you file a Delaware affidavit of heirship online?

Yes, Delaware offers online filing options for the affidavit of heirship. While not every county uses the same system, many have adopted digital tools that let people submit forms electronically. You can use approved online platforms to upload your completed affidavit and supporting documents. This reduces delays and avoids trips to the courthouse.

If you're unsure whether your county supports online filing, check the local recorder’s website first. Some counties require specific file formats like PDFs, and others may have registration steps before you can submit anything.

What do you need to prepare before filing online?

Before uploading your affidavit, gather these items:

  • A completed affidavit form (available through official state resources)
  • Proof of the deceased person’s death (a certified copy of the death certificate)
  • Identification for the person signing the affidavit (like a driver’s license)
  • Any additional documents required by the county, such as a family tree or birth certificates

Make sure all documents are clear and legible. Blurry scans or incomplete forms can delay processing. Double-check that names, dates, and addresses match exactly across all papers.

How do you actually submit the affidavit online?

The steps vary slightly by county, but most follow a similar path. First, fill out the affidavit using a printable template or an online form. Then, save it as a PDF. Next, go to the county’s online portal usually found under “Records” or “Online Services.” Create an account if needed, upload your files, and pay any required fees.

You’ll get a confirmation number once submitted. Keep this for your records. Some systems send an email notification when the document is received. If you don’t hear back within a few days, follow up with the recorder’s office.

For detailed guidance, review the step-by-step instructions for digital submission, which walk through what to expect at each stage.

Common mistakes to avoid

Even small errors can cause delays. Here’s what to watch for:

  • Filling in the wrong date of death or missing a required signature
  • Uploading a scanned copy that’s too dark or sideways
  • Using a form that isn’t the current version approved by Delaware courts
  • Submitting the affidavit without a witness who meets the legal requirements

One frequent issue: forgetting that the person signing the affidavit must swear they know the facts based on personal knowledge not hearsay. That means you can't just list heirs because someone told you they must be known to you personally.

What happens after you file?

Once your affidavit is accepted, it becomes part of the public record. The county will update land titles or other ownership records accordingly. This helps future buyers or lenders verify who owns the property. If you’re transferring real estate, the next step is usually recording the deed with the same office.

If you’re handling this for a family member, keep copies of everything. You might need them later for tax filings or probate-related tasks.

Are there fees for online filing?

Yes, most counties charge a fee to file an affidavit of heirship. These fees are usually $50 to $100, depending on the county and whether you're submitting additional documents. Payment is typically made online during the upload process. Check the specific cost on your county’s website before starting.

Some counties offer fee waivers for low-income applicants. Ask the recorder’s office directly if you qualify.

Where can I find the right forms?

Delaware doesn’t have a single statewide form, but many counties provide downloadable templates. Look for official forms labeled “Affidavit of Heirship” or “Affidavit of Heirs” on the recorder’s site. Always confirm the form matches the current requirements for your county.

You can also access the latest versions through a dedicated page with available forms. These are updated regularly to reflect court rules.

What should you do if your filing is rejected?

If the office returns your submission with notes, don’t panic. They’ll usually explain why. Common reasons include missing signatures, incorrect formatting, or outdated forms. Fix the issues and resubmit.

Don’t rush to refile without understanding the feedback. A small mistake can lead to another rejection cycle. Take time to review the official electronic filing instructions again before trying again.

Next steps: Get started today

If you’re ready to file a Delaware affidavit of heirship online, start by gathering your documents. Visit your county’s recorder’s website to see if online filing is available. Download the correct form, fill it out carefully, and save it as a PDF. Then, follow the steps on the county’s portal to submit.

For a full walkthrough of the entire process, including what to expect at each stage, visit this guide to the complete online filing process.

Keep a copy of your submission receipt and all related documents. If you’re unsure about any part of the process, consider reaching out to the county office directly. Most are happy to answer questions over email or phone.