Delaware Will Requirements: How to Write a Valid Will

A will that doesn't meet Delaware's statutory requirements is worthless — your property would be distributed under intestacy rules as if you'd never written one at all. And Delaware's rules are stricter than many other states.

The most important thing to know upfront: Delaware does not recognize holographic (handwritten) wills. A will written entirely in your handwriting and signed only by you — which would be valid in roughly half of U.S. states — has no legal force in Delaware.

The Four Requirements for a Valid Delaware Will

Under Delaware law (12 Del. C. § 202), a valid will must meet all four conditions:

1. Written document. The will must be in writing — typed or printed. Oral wills are not recognized.

2. Signed by the testator. You must sign the will yourself. If you're physically unable to sign, you may direct another person to sign on your behalf in your presence, but this is a narrow exception with additional requirements.

3. Witnessed by two competent adults. Two witnesses must watch you sign (or acknowledge your signature) and then sign the will themselves. Witnesses must be competent adults — there's no minimum age specified, but they must be capable of testifying in court if the will is later challenged.

4. No undue influence or fraud. The will must reflect your genuine wishes, made voluntarily and with mental capacity.

Who Can (and Cannot) Witness Your Will

Delaware law does not disqualify beneficiaries from serving as witnesses to a will — but it's strongly discouraged. If a witness is also a beneficiary, they can still inherit, though a court challenge becomes far more likely. Using two disinterested witnesses (people who receive nothing under the will) eliminates this risk entirely.

Compare this to the stricter rules for other Delaware estate planning documents: a power of attorney witness must not be related to you by blood, marriage, or adoption, and must not be a beneficiary. An advance directive has a five-point witness exclusion list that also bars medical care providers.

Making Your Will Self-Proving

A basic will is valid with just two witnesses. But when probate opens after your death, the Register of Wills must verify those witnesses — which means tracking them down, sometimes years later.

A self-proving affidavit eliminates this step. Under 12 Del. C. § 1305, you and both witnesses sign a sworn statement before a notary public confirming that the will was properly executed. This affidavit, attached to the will, allows the Register of Wills to accept it without contacting the witnesses.

The affidavit is not required, but skipping it creates unnecessary work for your executor and can delay probate if a witness has moved, become incapacitated, or died.

The 10-Day Filing Deadline

Once you die, whoever possesses your original will has exactly 10 days to deliver it to the Register of Wills in the county where you were domiciled. This deadline is statutory (12 Del. C. § 1301) and failure to comply can trigger civil liability.

This means your executor and family need to know where the original will is stored. A will locked in a safe deposit box that no one can access creates the exact delay it was meant to prevent.

What Your Will Should Cover

At minimum, a Delaware will should address:

• Property distribution — who gets what, including specific bequests (jewelry, vehicles, personal items) and residuary estate (everything else)
• Executor appointment — who manages probate, pays debts, and distributes assets
• Guardian nomination — who raises your minor children if both parents die (this can only be done in a will, not a trust)
• Bond waiver — a clause directing the court not to require your executor to post a surety bond, which saves the estate hundreds or thousands of dollars
• Digital asset access — explicit written consent for your executor to access email and digital accounts under Delaware's Fiduciary Access to Digital Assets Act

Common Mistakes That Invalidate a Delaware Will

Using only one witness. Two witnesses are required. A will with one witness is void.

Having both witnesses be beneficiaries. While not technically invalidating, it invites legal challenges that can tie up your estate for months.

Relying on a handwritten will. Even if it's clearly written, signed, and dated, a holographic will has zero legal standing in Delaware.

Forgetting to update after major life events. A will drafted before a marriage, divorce, birth, or major property acquisition may not reflect your current wishes — and Delaware law may override its terms in certain situations (such as a new spouse's elective share rights).

The Delaware Basic Estate Planning Kit includes step-by-step will-drafting instructions, a witness eligibility reference, and the self-proving affidavit format — all built around Delaware's specific statutory requirements.

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