Delaware Last Will and Testament Template

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Updated June 29, 2022

A Delaware last will and testament is a document used by a testator (person to whom the will belongs) to ensure their estate is distributed according to their wishes after their death. In the State of Delaware, laws regarding the making of a will are governed by the Delaware State Code. In order for a will to be recognized as valid under Delaware law, the document does not necessarily need to be executed in the state, nor does it require the testator to have assets located solely in the State of Delaware. Will documents must be signed by the testator in the presence of two (2) witnesses who will also provide their signatures. Though optional, a testator can have the document notarized to further solidify its legality.

Table of Contents

Laws

Definition – DE Title 12, Chapter 1 §101 – For the purpose of wills, intestate succession, and for all other purposes under Title 12, the definitions in this section shall apply.

Signing Requirements (DE Title 12, Chapter 2 § 201 & 202) – Two (2) or more credible Witnesses.

Statutes – 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

Common Questions – A guide to writing a will and the probate process.

Video

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 (Optional) – Notarization –Notary will witness signatures and authenticate the document

Related Forms

Advance Directive

Download: Adobe PDF

 

 

 

 

Durable (Financial) Power of Attorney

Download: Adobe PDF, MS Word, OpenDocument