Last Will And Testament requirements in Delaware
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- The witnesses must be at least 18 years old and must sign the will in your presence and in the presence of each other.
- Notarization is not required for a will to be valid, but it can help simplify the probate process by making it 'self-proved'.
- You should name an executor to manage your estate and distribute your assets.
How to create a Last Will And Testament in Delaware
- Inventory your assets and decide who should inherit them. Consider real estate, bank accounts, investments, personal property, and digital assets.
- Choose your beneficiaries and an alternate beneficiary in case someone passes away before you.
- Name an executor you trust to handle your affairs. You can also name an alternate executor as a backup.
- Decide who will care for any minor children and their financial inheritances.
- Draft your will using clear language. You can use online templates, software, or hire an attorney. Make sure it complies with Delaware law.
- Sign your will in the presence of two witnesses. The witnesses must sign too. For extra smooth probate, consider getting it notarized and signing a self-proving affidavit.
What a Last Will And Testament typically costs
The cost of creating a last will and testament in Delaware varies widely. If you use online will templates, you might spend between $50 and $150. Hiring an attorney for a simple will typically ranges from $300 to $1,000, while more complex estates can cost more. Remember, attorney fees often include guidance on estate planning and legal advice tailored to your situation.
Ready to protect your loved ones? Start your last will and testament Delaware today with our simple online tools.
Create your last will and testamentDelaware Will Checklist: Before You Begin
Gather your documents and understand Delaware's specific will requirements to ensure your final wishes are honored. This checklist covers essential steps before you draft your will.
- Confirm you are at least 18 years old and of sound mind to make a will in Delaware.
- Decide on your beneficiaries, executor, and guardian for minor children; have their full legal names and addresses ready.
- Understand that Delaware law requires your will to be in writing and signed by you (or by someone at your direction) in the presence of two witnesses; both witnesses must also sign the will.
- Gather a list of your assets and liabilities, including property titles, bank accounts, retirement accounts, and insurance policies, to ensure comprehensive distribution.
- Consider whether you need a self-proving affidavit (notarized statement) to simplify the probate process; while not mandatory, it can help avoid delays.
- Be aware of Delaware's rules for disinheriting spouses and children (e.g., elective share rights) and any community property considerations unique to your situation.
- Store your will in a safe place and notify your executor of its location; consider filing it with the Register of Wills in the county where you reside for safekeeping (check local procedures).
Frequently asked questions
Do I need a lawyer to write a will in Delaware?
No, Delaware does not require you to hire a lawyer to write a will. You can create a valid will using templates or software, as long as it meets the state's requirements. However, an attorney can help you avoid common mistakes and ensure your wishes are clearly documented, especially if your estate is complex.
What happens if I die without a will in Delaware?
If you die without a will, your assets will be distributed according to Delaware's intestacy laws. This means your spouse, children, parents, or other relatives will inherit in a specific order set by state law. You lose the ability to direct who gets what, and the process can be more complicated for your loved ones.
Can I name a guardian for my minor children in a Delaware will?
Yes, you can name a guardian for your minor children in your will. This is one of the most important reasons to have a will if you have children. The court will usually honor your choice, provided the person is willing and capable. Be sure to discuss this decision with the person you choose.
Is a notary required for a will in Delaware?
Notarization is not required for a will to be valid in Delaware. However, notarizing your will and including a self-proving affidavit can make the probate process faster and easier, because the court will not need to contact witnesses to verify your signature.