Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Delaware T&E solo who knows Delaware’s own Title 12 (Decedents’ Estates and Fiduciary Relations) cold but still loses an afternoon a week hunting the current homestead number, the Diamond State Health Plan–Plus (DMMA) posture, whether the latest Delaware bar’s ethics opinion changes how you scope an engagement, or whether a recent Delaware Supreme Court decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Delaware lately — the week’s developments and the recent rulings from the bench.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments from the last seven days that I think actually matter to a Delaware T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.
HB 333 (85 Del. Laws c. 281) raises the ceiling for collecting a decedent’s solely-held property without Letters of Administration or Letters Testamentary from $30,000 to $50,000 under the 12 Del. C. ch. 23 small-estate procedure — the first update since 2005. Signed and effective immediately, June 10, 2026; verified on the General Assembly’s own bill record.
A meaningful slice of modest Delaware estates just moved from full administration to the affidavit procedure — re-screen open intakes against the new ceiling before filing for Letters, and update your decision checklist so surviving families aren’t paying for administration the statute no longer requires.
Del. Gen. Assem., HB 333 (153rd G.A.), 85 Del. Laws c. 281, signed & eff. June 10, 2026 · legis.delaware.gov
Per the Delaware General Assembly, HB 147 enacted the Uniform Real Property Transfer on Death Act as 25 Del. C. ch. 2, effective December 5, 2025. Delaware real property may now pass at death by a recorded, revocable TOD deed — a non-probate transfer tool that did not previously exist in the state.
This is a genuinely new planning tool for Delaware real property: a recorded TOD deed can now carry a residence outside probate without a trust. For a solo, weigh it against the trust-situs toolkit you already use — it must be recorded before death and is revocable, so confirm the recording and revocation mechanics before substituting it for an existing instrument, and add it to your intake menu for clients whose only probate asset is the home.
Delaware General Assembly · HB 147 (URPTODA, 25 Del. C. ch. 2, eff. Dec. 5, 2025) · legis.delaware.gov · HB 147
Per the Delaware courts, the Delaware Supreme Court issued an Interim Generative AI Policy on October 22, 2024. It is a governance instrument for AI use within the Delaware judiciary — tool approval, training, and accountability, with no delegation of decision-making — rather than a practitioner ethics opinion.
For a T&E solo filing in the Court of Chancery or before a Register of Wills, the operative Delaware AI instrument today is this judiciary policy, not a DSBA practitioner opinion (which has not been independently confirmed). Read it as the in-state signal on how the bench expects AI to be used and verified in filings, and continue to verify every AI-generated citation against the primary source before it goes into a Delaware court paper.
Delaware Judiciary · Interim GenAI Policy (Oct. 22, 2024) · courts.delaware.gov · Interim GenAI Policy
Decisions that bind a Delaware practitioner — Delaware’s appellate courts and the federal courts covering Delaware, including the U.S. Third Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.
This lane reads each new opinion from Delaware’s appellate courts and the federal courts covering Delaware (Third Circuit) before anything lands here, and reads-and-discards matters that aren’t trusts-and-estates — criminal, family, commercial/LLC fiduciary, tax, and cases where an estate or trust is only a party. For this period’s trailing window, no new verified trusts-and-estates or estate-recovery decision from those courts was identified in the sources reviewed.
Nothing to re-paper from the bench this period; controlling authority is unchanged. When the next verified T&E ruling issues, it lands here with the holding and the official cite.
Controlling authority unchanged · Delaware appellate courts · U.S. Third Circuit.
This week in Delaware for the T&E solo with Delaware Medicaid (DMMA) clients: the developments from the Delaware State Bar Association (Estates & Trusts Section), the Delaware Judiciary, and DMMA that actually moved your practice this period — each one primary-source verified.
Bar and Medicaid changes land on different schedules and aren’t indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.