How to Make a Will in Delaware

If you're a resident of Delaware and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Delaware laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Delaware

Here's a quick checklist for making a will in Delaware:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Delaware, if you die without a will, your property will be distributed according to state "intestacy" laws. Delaware's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Delaware?

Yes. You can make your own will in Delaware, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Oregon

To make a will in Delaware, you must be:

• 18 years of age or older
• of "sound and disposing mind and memory."

(Del. Code tit. 12, § 201. (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?," below.)

How Do I Sign My Delaware Will?

To finalize your will in Delaware:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Del. Code tit. 12, § 202 (2025).)

While Delaware law doesn't prohibit an "interested person" who stands to inherit under the will from serving as a witness, it is usually not a good idea. (Del. Code tit. 12, § 203 (2025).)

Do I Need to Have My Will Notarized?

No, in Delaware, you don't need to notarize your will to make it legal. However, Delaware allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit (sworn statement) that proves who you are and that each of you knew you were signing the will. (Del. Code tit. 12, § 1305 (2025).)

Can I Make a Digital or Electronic Will?

In a few states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. It is generally assumed that most states will allow them in the near future.

Can I Choose and Appoint an Executor in My Delaware Will?

Yes. In Delaware, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Delaware?

In Delaware, you may revoke or change your will at any time. You can revoke your will by:

• canceling your will yourself or instructing someone else to do so in front of you
• signing a document that says you are revoking your will
• instructing someone else to sign a document in front of you and two witnesses who also sign the document saying you are revoking your will, or
• making a new will.

(Del. Code tit. 12, § 208 (2025).)

If you and your spouse divorce or your marriage is annulled, any gift you gave your spouse in the will and any provision that named your spouse as an executor or trustee is automatically revoked unless your will expressly says otherwise. If you remarry your ex, the provisions in the will favoring your spouse are revived and are treated as if they were never revoked. (Del. Code tit. 12, § 209 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Delaware's laws about making wills here: Delaware Code, Title 12 Decedents' Estates and Fiduciary Relations, Part II Wills, Chapter 2 General Provisions, Subchapter I. Tenets and Principles.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Delaware wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Delaware, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Delaware?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Delaware, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the register of wills (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Delaware does allow will makers to deposit their wills with the register of wills office for safekeeping before they die. Wills deposited with the register of wills will be kept under seal until the will maker's death. (Del. Code tit. 12, § 2513 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Delaware doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.