DE · Will Requirements
Will Requirements in Delaware (2026)
A will in Delaware requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. Delaware does not accept handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by Del. Code tit. 12 §202.
Here's what Delaware says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in Delaware require?
| Requirement | Delaware rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | Del. Code tit. 12 §202 |
| Probate threshold | $30,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in Delaware?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in Delaware, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in Delaware. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what DE law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
Delaware requires 2 witnesses to make your will valid. Good news: Delaware doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
Delaware supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
Delaware does NOT accept holographic (handwritten) wills, so put down the napkin and the crayon. Electronic wills aren’t recognized in Delaware yet, so you’ll need actual paper like it’s 1995.
What Delaware law says about your stuff
Under Del. Code tit. 12 §202, if you die without a will in Delaware, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in Delaware isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in Delaware?
An attorney in Delaware averages $900 (range $500-1800). Killswitch charges $69, once, with no subscription.
Typically $500-1800. The clock starts again every time you think of a question.
Cheap, and you're the one deciding whether it clears Delaware law.
One payment, about thirty minutes, and nobody bills you for the follow-up call. That's roughly $831 you keep.
That's less than your monthly streaming subscriptions, and infinitely more useful when you're dead. Just $69.
What else do people ask about wills in Delaware?
How many witnesses do I need for a will in Delaware?
Delaware requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does Delaware require a notary for wills?
No, Delaware doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in Delaware?
No, Delaware does not recognize holographic (handwritten) wills. Your will needs to be typed and properly witnessed to be valid.
What is the minimum age to make a will in Delaware?
You must be at least 18 years old to make a will in Delaware. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other Delaware documents do you need?
Do you need a Delaware healthcare directive?
Delaware requires 2 witnesses for healthcare directives. No notary required.
What does estate planning in Delaware cover?
Everything DE residents need to know about estate planning, without the lawyer-speak or the $900 attorney bill.
Do you need a Delaware power of attorney?
Delaware POAs are durable by default. Notarization required.
How do the rules compare in nearby states?
Your Delaware Family Will Thank You (Eventually)
About thirty minutes, built from Delaware statute, and valid the moment you sign it the way Delaware asks you to.
Free to build, free to read, $69 only when you want the copy without the watermark.
Look, we're not lawyers (we're way more fun at parties). This is educational content about Delaware laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
