Delaware Last Will and Testament
Generate a last will and testament tailored to Delaware law. Our AI incorporates DE-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Delaware Legal Requirements
Key DE statutes and obligations that apply to your last will and testament.
Requirements
- Governed by 12 Del. C. §201 et seq. (Delaware Probate Code)
- Must be in writing, signed by the testator, and attested by two or more witnesses
- Witnesses must sign in the presence of the testator
- Testator must be at least 18 years old and of sound and disposing mind
- Holographic wills are NOT valid in Delaware — witnesses are always required
- Probate filed in the Register of Wills in the county of residence
- Delaware does not impose a state estate or inheritance tax
Restrictions & Limits
- Surviving spouse has a right to an elective share of one-third of the 'elective estate'
- Delaware's elective estate includes both probate and non-probate assets transferred in ways designed to avoid the elective share
- Children born or adopted after the will was executed may claim a pretermitted share
Official Statute References
Primary Delaware statutes governing this document type.
Delaware Last Will and Testament FAQ
Common questions about last will and testaments under Delaware law.
Does Delaware have an estate or inheritance tax?
No. Delaware repealed its estate tax effective January 1, 2018. There is also no Delaware inheritance tax. This makes Delaware particularly attractive for estate planning, combined with its trust law advantages — Delaware is a leading trust jurisdiction with powerful dynasty trust and asset protection laws.
What makes Delaware a leading trust jurisdiction?
Delaware offers: no rule against perpetuities (trusts can last forever as 'dynasty trusts'), strong asset protection for self-settled trusts (Delaware Asset Protection Trusts), flexible directed trust statutes (bifurcating investment and distribution trustees), and a sophisticated Court of Chancery to resolve disputes. These advantages attract wealthy families nationally.
Are holographic wills valid in Delaware?
No. Delaware does not recognize holographic wills. Every Delaware will must be in writing, signed by the testator, and attested by at least two witnesses. Failure to comply with these formalities will cause the will to be rejected for probate.
What is the Delaware elective share?
A surviving spouse may elect to take one-third of the decedent's elective estate rather than the bequest under the will (12 Del. C. §901 et seq.). Delaware's elective estate is broadly defined to include probate assets and certain transfers designed to circumvent the elective share. The election must be made within 6 months of the appointment of the personal representative.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.