Delaware Estate Planning: Free Wills, Forms & Calculators

Like all states, Delaware recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 212 Del. C. § 202Verified May 7, 2026 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

If you die without a will in Delaware, your heirs must survive you by at least 120 hours12 Del. C. § 502Verified May 7, 2026 to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.

Unlike states with formal independent administration statutes (such as California and Texas), Delaware doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Delaware does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Delaware allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Delaware, so property taxes remain at their current level. Delaware fully enforces no-contest clauses in trusts and wills. A beneficiary who unsuccessfully challenges the document can lose their entire inheritance, which strongly discourages frivolous disputes.

Delaware does not have a constitutional homestead exemption, which means the family home has limited protection from creditors compared to states like Texas or Florida. Executors must publish a notice to creditors, who then have 8 months12 Del. C. § 2102 (8 months from death for pre-death claims; 6 months for post-death claims)Verified May 7, 2026 to file claims against the estate.

Delaware does not automatically revoke an ex-spouse as beneficiary upon divorce. Without updating beneficiary designations after a divorce, an ex-spouse may still inherit life insurance proceeds and retirement accounts—regardless of what a will says. Delaware provides full creditor protection for inherited IRAs, meaning creditors cannot reach these funds—a protection not available in every state.

Delaware authorizes remote online notarization (RON), allowing trusts, healthcare directives, powers of attorney to be notarized via video call from anywhere. However, wills are excluded from RON and still require in-person notarization.