What Do I Need to Sign My Will in Delaware?

Witness, notary, and remote online notarization (RON) requirements for wills in Delaware.

Delaware requires 2 witnesses for a will12 Del. C. § 202Verified Sep 15, 2026View source. A witness must be at least 18 years old.

Delaware does not require notarization for a will to be valid12 Del. C. § 202Verified Sep 15, 2026View source. The notary's usual role in Delaware is the optional self-proving affidavit: a notarized statement signed with the will that lets it enter probate without locating the witnesses.

Delaware has authorized remote online notarization for many documents29 Del. C. § 4320Verified Sep 4, 2026View source, but wills are excluded29 Del. C. § 4320Verified Sep 4, 2026View source; the notarization happens in person.

To execute a will in Delaware: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Wet signature and in-person signing required

Yes. Delaware has not adopted the Uniform Probate Code, but its probate code accepts a will that was valid under the law of the place it was signed. The practical wrinkle is the self-proving affidavit: a foreign will without one forces the witnesses to be located and either appear or sign declarations, and re-executing on a Delaware form, or adding a Delaware affidavit, removes that step. The Delaware document portability tool carries the recognition rule by document type.

Forms for Planning Your Estate in Delaware

Free forms for planning your estate in Delaware: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

In Delaware, a will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony12 Del. C. § 202Verified Sep 15, 2026View source.

Get Started
Free

Healthcare Power of Attorney

Delaware requires 116 Del. C. § 2511Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required16 Del. C. § 2511Verified Oct 15, 2026View source.

Get Started
Free

Financial Power of Attorney

Delaware requires explicit durability language for a power of attorney to survive incapacity12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source, and it is signed before 112 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Sep 18, 2026View source witness and a notary.

Get Started
Free

Transfer on Death Deed

In Delaware, a transfer on death deed is signed before a notary25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026 and 225 Del. C. Ch. 2, 201-221Verified Aug 24, 2026 witnesses, then recorded with the county before the owner's death25 Del. C. Ch. 2, 201-221Verified Aug 24, 2026.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

Get Started
Free

Living Will

In Delaware, the living will is the Advance Health-Care Directive16 Del. C. Chapter 25 (Uniform Health-Care Decisions Act (2023)), §§ 2501-2530; health-care instruction §§ 2502(14), 2507; optional form § 2511Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

Get Started
Free

Pour-Over Will

In Delaware, a pour-over will is signed before 212 Del. C. § 202Verified Sep 15, 2026View source witnesses and moves anything left outside the trust into it through probate.

Get Started
$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

Get Started

All Delaware forms

Tools for Planning Your Estate in Delaware

Free tools for planning your estate in Delaware: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

Check Portability

Trust or Will: Which Costs Less?

In Delaware, a will-based plan pays probate attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Compare Options

How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Delaware runs $4,390Estimate: 10 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,585Estimate: 15 hours at $439, Clio's Delaware Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

Compare Costs

How Much Does a Will Cost?

An attorney-prepared will in Delaware runs $1,317Estimate: 3 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,634Estimate: 6 hours at $439, Clio's Delaware Trusts rate (no Wills and Estates rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $33,96412 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source.

Compare Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Services

How Do I Name a Guardian for My Minor Children?

In Delaware, a parent names a guardian for a minor child in a will or a separate signed writingDel. Code tit. 12, § 3902(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Del. Code tit. 1, § 701Verified Sep 15, 2026View source.

Check Your State

Do I Need a Revocable Trust?

Probate in Delaware takes 9 months to 12 months for a simple estate and charges attorney fees of typically 2.5%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source to 3.9%12 Del. C. § 2305 (fees "as provided by rule of the Court of Chancery"; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

Check Now

Do I Need a TOD Deed?

Delaware authorizes transfer on death deeds25 Del. C. Ch. 2, 201-221Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.

Check Now

All Delaware tools

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.