Will My Estate Planning Documents Be Recognized in Delaware?

Yes. Delaware has an explicit reciprocity statute16 Del. C. § 2516Verified Oct 15, 2026View source: a healthcare directive executed in another state is honored in Delaware if it was valid where signed. Delaware adopted original UHCDA in 1996, replaced by UHCDA (2023) effective Sept 30, 2025 via SB 309 (84 Del. Laws c. 467). Interstate recognition at § 2516(a): out-of-state directives valid if compliant with the state specified in the directive (or, if none specified, the state where created) or Delaware law. Electronic directives explicitly valid (§ 2516(c)); § 2516(d) preserves admissibility of electronic-form evidence. The Delaware document portability tool carries the recognition rule by document type.

Yes. Delaware has its own reciprocity statute for out-of-state powers of attorney12 Del.C. § 49A-106Verified Sep 18, 2026View source: a foreign POA is recognized if it was valid under the law of the place of execution. Delaware has not adopted UPOAA. Per 12 Del.C. § 49A-106(a), a personal POA executed on or after Oct 1, 2010 is validly executed if it complies with § 49A-105, unless it provides that it is governed by another jurisdiction's laws, in which case that jurisdiction's execution law controls. POAs executed before Oct 1, 2010 are valid under the law existing at the time of execution (§ 49A-106(b)). The Delaware document portability tool carries the recognition rule by document type.

Yes, with one caveat. A trust is a private agreement governed by its own choice-of-law clause, not by any state's filing system, so a trust validly executed in another state has the same force in Delaware for cash, accounts and personal property. The caveat is real estate: Delaware property is deeded into the trust through a Delaware deed before the trust controls it. The Delaware document portability tool carries the recognition rule by document type.