Delaware Estate Planning Resources
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.
Free Delaware last will form. 2 witnesses. Name beneficiaries, guardians, and executor. Download PDF, print, and sign.
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This information identifies you as the person making this will. It also determines your state's specific execution requirements.
Not printed in your will document. Used for the updates you agree to receive at download.
Not printed in your will document.
FREE & PRIVATE: This form is free—no account or credit card required. Your document contents and generated PDF never leave your browser—SimplyTrust does not transmit or store them. Contact details you provide (name, email, phone, state) are transmitted only to send the updates you agree to receive at download. You are responsible for saving your completed document.
SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.
NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.
Delaware requires 2 adult witnesses present when the testator signs.12 Del. C. § 202Verified Jul 15, 2026 Witnesses must be 18 or older. Delaware does not reduce a gift to a witness who is also a beneficiary12 Del. C. § 203(b), though most families still use disinterested witnesses. See all Delaware signing requirements.
A notary is not required for the will to be valid in Delaware.12 Del. C. § 202Verified Jul 15, 2026 However, Delaware offers a self-proving affidavit — a notarized statement signed at execution that eliminates the need for witnesses to appear in probate court. Our form includes this affidavit.
No, Delaware does not recognize holographic (handwritten) wills.12 Del. C. § 202Verified Jul 15, 2026 Your will must be typed or printed and signed in the presence of the required witnesses. A handwritten document will not be accepted by a Delaware probate court.
A will does not avoid probate — it goes through the Delaware probate court for validation and asset distribution. Simple estates typically take 6-12 months.12 Del. C. § 202Verified Jul 15, 2026 Estates valued under $50,000 may qualify for a Distribution Without Letters, which is faster than full probate. Attorney fees are negotiable, typically 2.7-4.3% of the estate. Use the probate cost calculator to estimate what probate would cost in Delaware.
Without a will, Delaware intestacy laws determine who inherits. The surviving spouse and children typically receive priority, but the specific shares depend on family structure. Unmarried partners, stepchildren, and friends receive nothing under intestacy. See exactly how Delaware divides assets with the Delaware inheritance calculator.
Delaware has authorized remote online notarization, but wills are excluded — the self-proving affidavit must be notarized in person.29 Del. C. § 4320 Other documents like trusts and powers of attorney may be eligible for RON.
A will distributes assets through probate court — public, slower, and carries the state-specific costs you can see on the probate calculator. A revocable living trust skips probate, keeps the estate private, and lets your family receive assets faster. If avoiding probate matters to you, you can create a revocable trust instead of, or alongside, this will.
Get a complete guide for your specific circumstances.

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