✓ Verified June 2026
This guide covers Delaware estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Delaware law, verified as of June 2026.
In This Delaware Guide:
Delaware Will Requirements at a Glance
Here are the exact rules for making a valid will in Delaware:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a Delaware will to be valid. However, a notary is needed if you want to attach an optional self-proving affidavit under 12 Del. C. § 1305 |
| Handwritten (holographic) will allowed | NO — Delaware does not recognize holographic (handwritten, unwitnessed) wills. A handwritten will is valid only if it meets all standard execution requirements, including signature by 2 credible witnesses in the testator’s presence |
| Self-proving affidavit available | YES — under 12 Del. C. § 1305, a will may be made self-proving at the time of execution or at any later date. The testator acknowledges the will and the witnesses sign sworn affidavits before an officer authorized to administer oaths (typically a notary public). The officer attaches a certificate under official seal. A self-proving will creates a conclusive presumption that signature requirements were met, and other execution requirements are presumed valid subject to rebuttal, without needing live witness testimony at probate |
| Statutory will form | NO — Delaware does not provide an official statutory fill-in-the-blank will form enacted by the legislature. The Delaware courts website (courts.delaware.gov/forms) provides probate administration forms but not a statutory will template. Third-party templates are available but are not state-authorized statutory forms |
What a Delaware Will Does (and Doesn’t Do)
A Delaware will may name a personal representative (executor) to manage the estate, name a guardian for minor children, direct how probate assets are distributed, make specific bequests of personal and real property, and establish testamentary trusts
What a Delaware will does NOT control: A Delaware will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (IRAs, 401(k)s) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) accounts, jointly held property with right of survivorship, and assets already held in a living trust
Oral wills in Delaware: NO — Delaware does not recognize nuncupative (oral) wills. All wills must be in writing under 12 Del. C. § 202
How to Update or Revoke a Delaware Will
A Delaware will may be amended by executing a codicil, which must meet all the same formalities as a will (written, signed by the testator, attested by 2 credible witnesses in the testator’s presence).
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
A will may be revoked by (1) the testator canceling or destroying it, or having someone do so in the testator’s presence and at the testator’s express direction, or (2) executing a valid new will or written instrument signed and witnessed with the same formalities, expressly revoking all prior wills. Under 12 Del. C. § 208, no will or clause thereof may be altered or revoked except by these methods
Other Delaware will-making rules: Delaware allows interested witnesses — a will is not invalid because it is signed by a beneficiary or other interested person (though it is generally advisable to use disinterested witnesses to avoid challenges). Delaware also requires any person with custody of a will to deliver it to the Register of Wills within 10 days of the testator’s death (12 Del. C. § 203)
Your estate plan is only as good as your life insurance
Make sure your coverage and beneficiaries are current so your plan does what you intend.
Understanding Delaware Estate Planning
Getting started with Delaware estate planning is the single best gift you can give your family. A valid Delaware will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Delaware estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Delaware estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Delaware Sources & Resources
- Delaware Court Self-Help: https://courts.delaware.gov/help/
- Delaware Wills Statute: https://delcode.delaware.gov/title12/c002/sc01/index.html
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Delaware will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Delaware Wills & Probate Guides
- Delaware Probate Process
- Dying Without a Will in Delaware
- Delaware Estate & Inheritance Tax
- Delaware Small Estate Affidavit
- Delaware Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.