What Do I Need to Sign My Trust in Delaware?
Witness, notary, and remote online notarization (RON) requirements for trusts in Delaware.
Frequently Asked Questions
Delaware requires 1 witness for a trust.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Jul 15, 2026 Witnesses must be at least 18 years old.
Notarization is not required for a trust to be valid in Delaware.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Jul 15, 2026 However, notarization Standard practice for trust validity and property transfers.
Delaware allows Remote Online Notarization (RON) for trusts.12 Del. C. § 3301 et seq. (Ch. 33); 12 Del. C. § 3501 et seq. (Ch. 35)Verified Jul 15, 2026 The notarization can be completed via secure video call with an approved RON provider. The state also accepts out-of-state RON.
To execute a trust in Delaware: Find 1 adult to serve as witness. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). 1 witness must be physically present, so the signing cannot be completed remotely
Yes, with one caveat. Trusts aren't filed with the state — they're private agreements governed by the choice-of-law clause inside the trust itself — so a trust signed in another state has the same legal force in Delaware for cash, brokerage accounts, and personal property. The caveat is real estate: any Delaware property has to be deeded into the trust using a Delaware deed before the trust controls it. Funding Delaware real property is a deed-recording step, not a trust-validity step. The document portability tool lists the funding mechanics by state.
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