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Delaware Last Will and Testament

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Updated February 06, 2025

A Delaware last will and testament is a document an individual ("testator") uses to ensure their estate is distributed according to their wishes after death. To be legal, it must be signed in the presence of two witnesses by the testator.

Who can make a will?

A person of sound mind and memory who is at least 18 years old.[1]

Signing Requirements

The signing must be in the presence of two or more credible witnesses.[2]

Any generally competent person, including interested parties, may serve as a witness.[3]

State Definition

For the purpose of wills, intestate succession, and for all other purposes under Title 12, the definitions in this section shall apply.[4]

Sample

Download: PDF, MS Word, ODT

Video

Sources

  1. DE Title 12, Chapter 2 § 201
  2. DE Title 12, Chapter 2 § 202(a)(2)
  3. DE Title 12, Chapter 2 § 203
  4. DE Title 12, Chapter 1 § 101