How to Make a Valid Will in Delaware
What Delaware law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the… 12 Del. C. §§ 201, 202, 203
| Requirements for a valid will | Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the will-maker's presence. A will that does not meet these requirements is void. A will is not invalid because an interested person signed it as a witness. Re-verified 2026-10-27. Source: 12 Del. C. §§ 201, 202, 203 |
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| Handwritten (holographic) wills | No. Delaware does not recognize handwritten, unwitnessed wills made in Delaware: every will must be signed in front of 2 witnesses, and a will that does not comply is void. A will validly made under the law of the place where it was signed may still be accepted. Re-verified 2026-10-27. Source: 12 Del. C. §§ 202, 1306 |
| Self-proving affidavit | Yes. A witnessed will can be made self-proved when it is signed or at any later date: the will-maker acknowledges the will and the witnesses swear affidavits before an officer authorized to give oaths (such as a notary), and the officer's certificate under seal is attached to the will. The statute gives the certificate wording. Re-verified 2026-10-27. Source: 12 Del. C. § 1305 |
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FAQ
What makes a will valid in Delaware?
Anyone 18 or older who is of sound and disposing mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone signing the will-maker's name in their presence and at their express direction), and signed by 2 or more credible witnesses in the will-maker's presence. A will that does not meet these requirements is void. A will is not invalid because an interested person signed it as a witness.
Is a handwritten will valid in Delaware?
No. Delaware does not recognize handwritten, unwitnessed wills made in Delaware: every will must be signed in front of 2 witnesses, and a will that does not comply is void. A will validly made under the law of the place where it was signed may still be accepted.
Does a will need to be notarized in Delaware?
Yes. A witnessed will can be made self-proved when it is signed or at any later date: the will-maker acknowledges the will and the witnesses swear affidavits before an officer authorized to give oaths (such as a notary), and the officer's certificate under seal is attached to the will. The statute gives the certificate wording.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.