Forms for Planning Your Estate in Delaware

Free forms for planning your estate in Delaware: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In Delaware, a pour-over will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Transfer on Death Deed

In Delaware, a transfer on death deed is signed before a notary25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026 and 225 Del. C. Ch. 2, 201-221Verified Aug 24, 2026 witnesses, then recorded with the county before the owner's death25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026.

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Last Will and Testament

In Delaware, a will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Sep 15, 2026View source.

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All Delaware forms

Tools for Planning Your Estate in Delaware

Free tools for planning your estate in Delaware: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

Trust or Will: Which Costs Less?

In Delaware, a will-based plan pays probate attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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Do I Need a TOD Deed?

Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.

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Are My Beneficiary Designations Protected?

Delaware does not revoke an ex-spouse as beneficiary at divorce12 Del. C. § 209Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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