The Delaware Last Will and Testament is a document that would be set forth by the testator, to ensure their estate is distributed according to their own wishes and not the wishes of the courts. In the state of Delaware, laws regarding the documents are created within the Delaware State Code. In order for this document to be recognized as valid in the state of Delaware, the document does not necessarily need to be executed in the state. The document also does not require that the testator have assets that are only located in the state of Delaware. Delaware law only requires that the document, in order to be valid, must have been valid according to the laws of the location (state) in which it was originally executed or in the state in which the testator held residence at the time of death. This document will require the signature of two witnesses and a notary public.
Common Questions – A guide to writing a will and the probate process.
Laws – Title 12 (Decedents’ Estates and Fiduciary Relations)
Register of Wills – A testator may register their will in their respective area at the following locations: Kent County, New Castle County, and Sussex County
Signing (DE Title 12, Chapter 2 § 201 & 202) – Two (2) or more credible Witnesses.
How to Write
Step 1 – Testator – Provide the legal name of the testator at the top of the form, followed by:
- Name of Testator
- City
- County
- Testator must read the rest of the section
- Review the Expenses and Tax information
Step 2 – Representative Appointment –
- Provide the Representative’s name
- City
- County
- State of representative
Alternate Representative – so that someone will be available in the event the initial representative is found to be unable or unwilling to provide service
- Enter the alternate’s name
- Name of alternate’s city
- Alternate’s County
- Alternate’s State
Step 3 – Disposition of Property Provided by Testator to Beneficiaries –
Beneficiaries Required Information:
- Complete name
- Address
- Testator Relationship
- Enter the last four digits of the beneficiary’s Social Security Number
- Provide a list of property being gifted to each respective beneficiary
Testator should review the remaining information in case any beneficiary should become a decedent prior to the testator
Step 4 – Testator must carefully review all titled sections as listed:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – Any who shall participate in the signing of this document must be present at the same time. Provide the following information:
- Testator’s name
- Date testator’s signature dd/mm/yyyy format
- Testator Signature
- Print Testator’s Name
Witnesses – Review the statement provided. Enter:
- Date this document -dd/mm/yyyy format
- Write or type the name of the testator
Witness 1 –
- Signature
- Address (Physical)
Witness 2 –
- Signature
- Physical Address
Step 6 – Testament Affidavit – All participants must read the affidavit and complete the following:
- State
- County
- Testator’s Name
- 1st Witness Name
- 2nd Witness Name
- PROVIDE
- Signature of Testator
- 1st Witness Signature
- 2nd Witness Signature
Step 7 – Notarization –Notary will witness signatures and authenticate the document
