How to Make a Valid Will in Delaware
Delaware has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in DE.
Delaware Will Requirements at a Glance
Who Can Make a Will in Delaware?
You must be at least 18 years old to make a will in Delaware. No statutory exceptions for minors. The testator must be of sound and disposing mind and memory
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may subscribe the testator's name at the testator's express direction and in the testator's presence (12 Del. C. § 202).
Witness Requirements in Delaware
Delaware requires 2 witnesses. Must be credible witnesses at least 18 years old. The testator must sign or acknowledge the will in the presence of the witnesses, and the witnesses must sign in the presence of the testator.
Interested witnesses: An interested witness does not invalidate the will but the bequest to the interested witness may be voided unless there are two other disinterested witnesses
Notarization in Delaware
Notarization is not required for a will to be valid in Delaware. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Delaware allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public or other authorized officer (12 Del. C. § 1305)
Handwritten (Holographic) Wills
Delaware does not recognize holographic wills. Holographic wills are not recognized in Delaware
Electronic Wills
Delaware does not currently recognize electronic wills. Delaware does not currently have an electronic wills statute
How to Revoke a Will in Delaware
In Delaware, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction
12 Del. C. § 208
Special Provisions in Delaware
Delaware is a separate property/common law state. Surviving spouse has an elective share right of one-third of the elective estate (12 Del. C. § 901). Delaware has no state estate tax for deaths after 2017
Relevant Delaware Statutes
- 12 Del. C. § 201 (Who may make a will)
- 12 Del. C. § 202 (Execution of wills)
- 12 Del. C. § 208 (Revocation)
- 12 Del. C. § 901 (Elective share)
- 12 Del. C. § 1305 (Self-proved wills)
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