The Delaware last will and testament is a formal legal document that states a person’s desired posthumous distribution of their estate to named beneficiaries. The person executing the will (the testator) can specify wishes in a will about how their assets, including insurance policies, real estate, bank accounts, cash-on-hand, and all other properties are distributed upon their death.
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Key Elements of a Delaware Last Will and Testament:
- Distribution of Assets:
- Specifies who will inherit your property (real estate, bank accounts, personal belongings, etc.).
- These recipients are called beneficiaries.
- Executor Appointment:
- Names an executor (also called a personal representative) who will carry out the terms of the will, handle debts, and distribute assets.
- Guardianship for Minor Children:
- If you have children under 18, you can designate a guardian to care for them.
- Revocation of Previous Wills:
- A new will typically revokes all previous wills and codicils.
Delaware Legal Requirements For a Last Will and Testament:
- Age and Capacity: The testator must be at least 18 years old and of sound mind.
- Written Document: It must be in writing (typed or handwritten; oral wills are not recognized).
- Signature: The testator must sign the will.
- Witnesses: Two credible witnesses must sign the will in the testator’s presence (not beneficiaries).
- Notarization: Not legally required, but having the will notarized (self-proved affidavit) makes probate smoother.
Why Make a Last Will and Testament in Delaware?
- Ensures your wishes are followed.
- Avoids intestate succession (default state rules if there’s no will).
- Simplifies the probate process.
- Protects minor children and dependents.
Delaware Will Age Requirements
Any person of the age of 18 years or older, of sound and disposing mind and memory, may make a will of real and personal estate. 1
Delaware Will Signing Requirements
The will shall be in writing and signed by the testator or by some person subscribing the testator’s name in the testator’s presence and by the testator’s express direction.
Delaware Will Witness Requirements
Will Witnessing Requirements: The will shall be attested and subscribed in the testator’s presence by two or more credible witnesses.
Revoking A Delaware Will
A Delaware last will and testament, or any clause thereof, shall not be altered, or revoked, except by canceling by the testator. State statute does not define how the will should be cancelled. 2
Summary of Delaware Will Requirements
Anyone 18 years of age or older of sound and disposing mind can sign a will in this state. The will should be witnessed by two persons.
Example of a Delaware Will
