State requirements
Making a will in Delaware
Delaware requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Delaware has traditional will requirements. Delaware does NOT recognize holographic wills. Delaware is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | 12 Del. C. § 201 | 18+ and of sound mind |
| Execution Requirements | 12 Del. C. § 202 | Written, signed, 2 witnesses |
| Self-Proving | 12 Del. C. § 1305 | Available with affidavit |
| Elective Share | 12 Del. C. § 901 | 1/3 of elective estate |
Execution Requirements
DELAWARE WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at direction)
✓ Attested by 2 credible witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Elective Share
DELAWARE ELECTIVE SHARE:
- 1/3 of elective estate
- Elective estate includes probate and certain non-probate transfers
- Must elect within specified time period
Checklist for Delaware Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Delaware will questions, answered
Can I make a will online in Delaware?
Yes. Delaware does not require a lawyer to draft a will. A will created online is valid in Delaware when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Delaware?
Delaware requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Delaware require a will to be notarized?
No. Witnesses make a will valid in Delaware, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Delaware?
No. Delaware does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Delaware?
A valid Delaware will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Delaware law, not legal advice. Statutes change — verify current requirements or consult a licensed Delaware attorney for complex situations.