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Home→States→Estate Law→Delaware

What Are Delaware's Estate Laws?

2026 Delaware probate costs, will execution requirements, trust laws, and intestacy rules.

See how trust laws, probate costs, and estate taxes differ. Useful if you own property in multiple states or are considering a move.

$

Probate Cost Calculator

See a detailed breakdown of probate costs.

Last Will

Requires probate court supervision to transfer assets


Legal Requirements

What's needed to create and execute a valid last will and testament.

Requirement
Delaware
Witnesses Required
2
Notarization
Recommended
Self-Proving
Available
Holographic (Handwritten)
Not Allowed
Minimum Age
18 years
Interested Witnesses
Allowed

Financial Impact

Estimated probate costs including attorney fees, executor fees, and court costs.

Delaware

Who Inherits

With a valid will, you control who inherits - but it requires probate.

Benefit
Delaware
You Choose Beneficiaries
Court Supervision Required
Public Record
Can Set Conditions
Name Guardian for Minors

Digital Management

How easily you can create and sign your will digitally, including remote notarization options.

Delaware

Wills excluded from remote notarization
Wet signature requiredIn-person notary

UETA excludes wills; traditional execution with physical witnesses required

83 Del. Laws c. 425, effective Aug 1, 2023. RON available to all registered notaries (not attorney-only).


Making Changes

How to modify your will after it's been signed and executed.

Delaware

New will required

Requires creating a new will or codicil with the same execution requirements. Delaware does not authorize electronic wills.

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This tool provides general information about Delaware estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.

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Compare Delaware with Other States

vs Alabamavs Alaskavs Arizonavs Arkansasvs Californiavs Coloradovs Connecticutvs District of Columbiavs Floridavs Georgiavs Hawaiivs Idahovs Illinoisvs Indianavs Iowavs Kansasvs Kentuckyvs Louisianavs Mainevs Marylandvs Massachusettsvs Michiganvs Minnesotavs Mississippivs Missourivs Montanavs Nebraskavs Nevadavs New Hampshirevs New Jerseyvs New Mexicovs New Yorkvs North Carolinavs North Dakotavs Ohiovs Oklahomavs Oregonvs Pennsylvaniavs Rhode Islandvs South Carolinavs South Dakotavs Tennesseevs Texasvs Utahvs Vermontvs Virginiavs Washingtonvs West Virginiavs Wisconsinvs Wyoming

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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How Do I Sign Estate Documents?

Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).

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What Are My Duties as Executor?

Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.

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Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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