When someone passes away without a will in Delaware, their family often needs to prove who the legal heirs are. That’s where an heirship affidavit comes in. Filing it electronically saves time and reduces errors compared to mailing paper forms. Knowing how to submit your Delaware heirship affidavit online is important if you’re handling probate matters for a loved one.

What is a Delaware heirship affidavit?

An heirship affidavit is a sworn statement that lists the deceased person’s relatives and proves who legally inherits their property. It’s used when there’s no will, so the court can approve the transfer of assets like real estate or bank accounts. In Delaware, this document must be signed under oath and filed with the Register of Wills in the county where the person died.

Why file an heirship affidavit electronically?

Filing online is faster than sending paper copies by mail. You avoid delays from lost documents or missing signatures. Many families choose electronic filing because it’s easier to track submission status and get quicker responses. It also helps reduce mistakes like wrong dates or incomplete sections that can slow down the process.

When should you use electronic filing?

You might want to file electronically if you're managing an estate in Delaware and don’t need a full probate case. This applies to smaller estates or situations where all heirs agree on who gets what. If the deceased owned real property in Delaware, you’ll likely need this affidavit to transfer the title.

How to prepare for electronic filing

Before uploading, make sure you have the correct form. The Delaware Department of State provides a standard affidavit template. Fill in each section carefully: full names, birth and death dates, relationships, and details about the deceased’s property. Double-check every name and date errors here can delay approval.

Sign the affidavit in front of a notary. Delaware requires a notarized signature, so don’t skip this step. Some people miss this and try to upload a blank or unsigned version, which gets rejected immediately.

Step-by-step: Submitting your affidavit online

The first step is to create an account on the Delaware Courts’ electronic filing system. Once logged in, look for the “Probate” section. Select “Heirship Affidavit” as the document type. Upload your completed, notarized affidavit as a PDF. Make sure the file is clear and readable.

After uploading, review all information again. Then pay the required fee using a credit card. Most filers complete this process in under 15 minutes once they’ve gathered everything.

If you're unsure about any part of the form, check out this guide for detailed steps on digital submission. It includes screenshots and tips for avoiding common issues.

Common mistakes to avoid

• Using a non-Delaware form or an outdated version.
• Forgetting to include the notary’s seal and signature.
• Submitting a file that’s too large or in the wrong format (like .docx instead of .pdf).
• Listing heirs who aren’t legally related only include those confirmed by birth, adoption, or marriage records.

One mistake people make is listing distant relatives who aren’t next of kin. Focus only on direct heirs: children, spouses, parents. If someone is named in a will, even if it’s old, that changes the rules but that’s a different process.

What happens after you file?

Once submitted, the Register of Wills reviews your affidavit. They may contact you if anything is unclear. If approved, you’ll receive a certified copy. Use this to transfer property titles or access bank accounts.

Processing times vary, but most filings are reviewed within a few weeks. You can check the status through your online account. If you need help at any point, visit this page for support options.

Need help filling out the form?

Delaware offers online forms that walk you through each section. These interactive tools help prevent omissions and formatting problems. For example, the system checks whether all required fields are filled before letting you submit.

Some users find the online forms especially useful when working with multiple heirs or complex family structures. You can save progress and come back later if needed.

For additional guidance, refer to the official Delaware Attorney General’s estate planning resources. They cover basics like who qualifies as an heir and how inheritance works under state law.

Next steps: Get started today

• Download the current heirship affidavit form from the Delaware Courts website.
• Fill it out with accurate, verified information.
• Have it notarized by a licensed notary public.
• Create an account on the Delaware e-Filing system.
• Upload your document and pay the filing fee.
• Keep a copy of everything for your records.

Once done, you’ll have taken a key step toward settling the estate. If you’re still unsure, consult a local attorney or visit this resource for more clarity on the full process.