How to Make a Will in Delaware (2026 Guide)

A will made in Delaware must be signed by you and by 2 witnesses to be valid. Yes (Del. Code tit. 12, § 1305). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Delaware will covers, generated from the same rules.

Make my free Delaware will

Delaware will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Del. Code tit. 12, § 202
Financial POA statute	Del. Code tit. 12, § 49A-101 et seq. (Durable Personal Powers of Attorney Act, 2010)
Healthcare directive statute	Del. Code tit. 16, § 2501 et seq. (Health-Care Decisions Act); optional form at § 2505

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the testator's presence by two or more credible witnesses (Del. Code tit. 12, § 202). Use adult witnesses who take nothing under the will; although Delaware's statute does not automatically void a gift to a witness, a beneficiary-witness invites an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Delaware?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Del. Code tit. 12, § 1305). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Delaware

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the testator's presence by two or more credible witnesses (Del. Code tit. 12, § 202). Use adult witnesses who take nothing under the will; although Delaware's statute does not automatically void a gift to a witness, a beneficiary-witness invites an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Del. Code tit. 12, § 1305). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. The Register of Wills in each Delaware county may accept a will for safekeeping during the testator's lifetime; contact the Register of Wills in your county for its procedure.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the elective estate, reduced by the value of transfers the spouse received from the decedent (Del. Code tit. 12, §§ 901 to 908). The spouse is also entitled to an allowance of up to $7,500 (Del. Code tit. 12, § 2308).

Homestead

No special restriction on devising a homestead by will; Delaware's exemption of a homestead from creditors is limited (Del. Code tit. 10, § 4914).

If you die without a will in Delaware

If you die without a will in Delaware, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, or if all of your descendants are also your spouse's, the spouse takes the first $50,000 of personal property plus half of the remaining personal property, and a life estate in your real estate. If any descendant is not your spouse's, the spouse takes half of the personal property and a life estate in the real estate (Del. Code tit. 12, § 502). Everything else passes to descendants, then parents, then siblings (Del. Code tit. 12, § 503). More on intestacy.

Other estate-planning documents in Delaware

• Durable financial power of attorney: Del. Code tit. 12, § 49A-101 et seq. (Durable Personal Powers of Attorney Act, 2010). A durable personal power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) in the presence of a notary public and at least one adult witness who is not the agent; the notary and witness both sign (Del. Code tit. 12, § 49A-105). The principal must also sign the statutory notice (§ 49A-105(c)). Record it with the recorder of deeds before using it for real estate.
• Advance healthcare directive: Del. Code tit. 16, § 2501 et seq. (Health-Care Decisions Act); optional form at § 2505. An advance health care directive must be signed by the declarant in the presence of two adult witnesses, who also sign (Del. Code tit. 16, § 2503(b)). A witness may not be related to the declarant by blood, marriage or adoption, entitled to any part of the estate or a claim against it, the declarant's attending physician or an employee, the appointed agent, or (for a resident of a care facility) an employee of the facility; at least one witness must be unrelated to the facility (Del. Code tit. 16, § 2503(b)). Notarization is not required. The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Del. Code tit. 12, § 212).

Delaware notes

• Delaware does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Delaware?

Delaware requires 2 witnesses (Del. Code tit. 12, § 202). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the testator's presence by two or more credible witnesses (Del. Code tit. 12, § 202). Use adult witnesses who take nothing under the will; although Delaware's statute does not automatically void a gift to a witness, a beneficiary-witness invites an undue-influence challenge. The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Delaware?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Delaware have a self-proving affidavit?

Yes (Del. Code tit. 12, § 1305). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Delaware?

Delaware does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Delaware?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the elective estate, reduced by the value of transfers the spouse received from the decedent (Del. Code tit. 12, §§ 901 to 908). The spouse is also entitled to an allowance of up to $7,500 (Del. Code tit. 12, § 2308).

What happens if I die without a will in Delaware?

If you die without a will in Delaware, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, or if all of your descendants are also your spouse's, the spouse takes the first $50,000 of personal property plus half of the remaining personal property, and a life estate in your real estate. If any descendant is not your spouse's, the spouse takes half of the personal property and a life estate in the real estate (Del. Code tit. 12, § 502). Everything else passes to descendants, then parents, then siblings (Del. Code tit. 12, § 503).

Is a no-contest clause enforceable in Delaware?

Delaware has no will-specific no-contest statute (the trust statute, Del. Code tit. 12, § 3329, enforces such clauses with exceptions). Delaware courts have enforced no-contest clauses in wills but construe them strictly. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.