Last Will and Testament in Delaware
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Delaware law says
| 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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| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Delaware tenant rights
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.