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Delaware Last Will and Testament

Quick answer: a Delaware will must be signed by the testator and two witnesses (Del. Code tit. 12, 202); notarization is not required for validity, and a self-proving affidavit (Del. Code tit. 12, 1305) eases probate. Details below.

A last will and testament lets you name an executor, a guardian for minor children, and the people who inherit your estate. In Delaware, a will generally must be signed by the testator and two witnesses; notarization is not required for the will to be valid (Del. Code tit. 12, 202). Delaware also recognizes self-proving affidavits (Del. Code tit. 12, 1305), which let the will enter probate without tracking down the witnesses.

This template walks you through your executor, your beneficiaries, and any specific gifts, then produces a Delaware will ready to print and sign following the requirements below, in Word and PDF.

Create your Delaware last will and testamentRead the full Last Will and Testament guide

Delaware will signing requirements

Delaware last will and testament requirements at a glance
WitnessesTwo witnesses
NotarizationNot required for the will to be valid; a notary comes in only for the optional self-proving affidavit
Self-proving affidavitRecognized (Del. Code tit. 12, 1305)
Holographic (handwritten) willsNot recognized
StatuteDel. Code tit. 12, 202

Delaware requires two attesting witnesses; a handwritten will is valid only if witnessed like any other will.

Verify before you rely on it

Wills statutes change, and probate courts apply them strictly. Confirm the current Delaware requirement in the statute cited above (or with your state's self-help resources) before signing your will.

Last will and testament requirements in Delaware

The formalities come first, because probate courts apply them strictly. In Delaware, a will must be signed by the testator and two witnesses (Del. Code tit. 12, 202). Choose witnesses who take nothing under the will: it keeps the execution clean and unchallengeable on that ground.

A common misconception is that wills must be notarized. In Delaware, notarization is not what makes the will valid: the witnesses do that work. The notary enters the picture only for the optional self-proving affidavit (Del. Code tit. 12, 1305), which is about probate convenience rather than validity.

Delaware recognizes self-proving wills (Del. Code tit. 12, 1305): the testator and witnesses sign a sworn affidavit, usually before a notary at the same sitting, and the will can later enter probate without tracking anyone down. Years or decades can pass between signing and probate, and witnesses move, forget, or die; the affidavit removes that entire risk for the cost of a few extra signatures.

Delaware does not recognize unwitnessed handwritten wills: Delaware requires two attesting witnesses; a handwritten will is valid only if witnessed like any other will. A handwritten document only works here if it is executed with the same witness formalities as any other will, so there is no shortcut around the signing ceremony.

Substance matters too: name an executor and a backup, designate a guardian for minor children, and describe who takes what in terms a stranger could apply without guessing. Remember that beneficiary-designated assets such as life insurance and retirement accounts pass outside the will entirely; reviewing those designations is part of writing a coherent Delaware estate plan.

Step by step: preparing your Delaware last will and testament

Here is the path from first draft to a will a Delaware probate court will accept without friction.

  1. Inventory what the will controls. List your assets and mark which pass by beneficiary designation (life insurance, retirement accounts, transfer-on-death titles) rather than by will. The will governs the rest, and knowing the boundary prevents contradictory instructions.
  2. Choose the executor and guardians. Name an executor you trust with paperwork and deadlines, plus an alternate. If you have minor children, name a guardian and a backup: this designation alone is reason enough for many parents to write a will.
  3. Decide the distribution. Set out beneficiaries and shares in plain terms, including what happens if a beneficiary does not survive you. Specific gifts (a vehicle, an heirloom, a sum of money) come first, then the residuary clause sweeps up everything else.
  4. Complete the will with the guided form. The questionnaire on the main page walks through executor, guardians, beneficiaries, and specific gifts, and assembles the will as you answer. Download it in Word and PDF, then read the whole document once before the signing.
  5. Hold the signing ceremony. Sign it in the presence of two witnesses as Del. Code tit. 12, 202 requires, and have them sign in your presence. Use disinterested witnesses who inherit nothing under the will.
  6. Add the self-proving affidavit and store the will. Sign the self-proving affidavit (Del. Code tit. 12, 1305) at the same sitting, then store the original will where your executor can find it and tell them where it is. Do not lock the only copy where nobody can reach it.

How this template works in Delaware

Answer guided questions about your executor, guardians for minor children, and beneficiaries, and the will writes itself in front of you. Then print it and sign it with your witnesses following the Delaware requirements above; a will has no effect until it is properly signed.

The form, the live preview, and the full guide live on the main Last Will and Testament page.

Delaware last will and testament FAQ

How many witnesses does a will need in Delaware?

A Delaware will must be signed by two witnesses (Del. Code tit. 12, 202). Choose disinterested witnesses who take nothing under the will.

Does a will have to be notarized in Delaware?

No. Validity in Delaware comes from the testator's signature and the witnesses, not from a notary. Notarization appears only in the optional self-proving affidavit (Del. Code tit. 12, 1305), which simplifies probate but is not required for the will to be valid.

Is a handwritten will valid in Delaware?

Not as an unwitnessed document: Delaware requires two attesting witnesses; a handwritten will is valid only if witnessed like any other will. A handwritten will only works in Delaware if it is executed with the same witness formalities as any other will.

What happens if I die without a will in Delaware?

Your estate passes under the Delaware intestacy statutes, which distribute property to relatives in a fixed order that may not match your wishes, and the probate court chooses the administrator and any guardians without your input. A valid will replaces that default scheme with your own decisions, which is the core reason to write one.

Last Will and Testament in other states