A Delaware will template is a fill-in form for a last will, the document that names an executor, states who receives your property, and sets a guardian for minor children after the testator dies. Delaware law requires a will to be in writing and signed by the testator to be valid.[1.2]
You will also need two witnesses to sign in your presence, and the form below walks through each required field step by step.
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Delaware sets specific rules for who may make a will and how it must be executed, under 12 Del. C. §§ 201 to 208.[1] Any person 18 years or older who is of sound and disposing mind may make a valid will, and it must be in writing, signed by the testator, and witnessed as described below.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Delaware law. If you notice an error or outdated information, please contact us.
| Requirements | State laws | |
| Statutes | Title 12 – Decedents’ Estates and Fiduciary Relations; Part II – Wills[1] | |
| Signing requirement | Two witnesses | § 202 Requisites and execution of will[1.2] |
| Age of testator | 18 and older | § 201 Who may make a will[1.1] |
| Age of witnesses | No set minimum age in the statute, but must be generally competent | § 203 Witnesses; persons competent[1.3] |
| Self-proving wills | Allowed | § 1305 Self-proved will[2.1] |
| Handwritten wills | Might be recognized if witnessed according to state law | § 202 Requisites and execution of will[1.2] |
| Oral wills | Not recognized | |
| Holographic wills | Not recognized | |
1. Think about your options. Determine if you need to hire lawyers or make last will and testament yourself (either by handwriting it all or getting a free will template).
2. Specify your information. Step one is establishing the testator by filling out their full legal name, followed by the residential info (city, county, and state). Reread the remaining portion of the passage, including the information you have written along with the “Expenses and Taxes” paragraph.
3. Choose the executor. Determine the executor of your property and enter their full legal name and place of residence. Naming a Delaware resident as executor is common practice, since some other states place extra requirements on an out-of-state executor.
Although it is not required, it makes sense to name a backup executor in case the first one is unwilling or unable to carry out your last will and testament.
4. Indicate the guardian (optional). You can choose a trusted person as a guardian in the event that you have underage or dependent children that need to be taken care of. In case there are no directions concerning who exactly should look after your children, the guardian will be selected by the court.
5. Indicate your beneficiaries. At this point, indicate individuals to whom you wish to hand on your property, that is, your beneficiaries. For every inheritor, enter the next particulars: full legal name, address, and the way they are related to you.
6. Designate assets. It’s possible to define which of the beneficiaries receives this or that piece of property. If you don’t, the assets are going to be distributed equally amongst the listed beneficiaries.
Cash, shares, real estate, business interests, and other property of financial value can go in your last will. Some assets cannot be distributed this way, including life insurance proceeds with a named beneficiary and living-trust assets.
7. Have your witnesses sign. Delaware law requires the will to be signed by the testator and attested and subscribed, in the testator’s presence, by two or more credible witnesses.[1.2]
As a preventative measure against a challenge to your will, it can help to choose a witness who is younger than you, so that person can more easily confirm what happened later.
At this point, you and your two witnesses sign the will after filling in your full legal names and addresses. Review every paragraph carefully before finalizing it.
Delaware law does not automatically invalidate a will just because a witness is also a beneficiary.[1.3] Choosing a witness with no stake in the will is still good practice, since it removes any question about undue influence if the will is ever challenged.
Other Delaware Forms
A Delaware last will is valid when it is in writing and signed by the testator, or by someone else signing the testator’s name at the testator’s express direction and in the testator’s presence.[1.2] This signing requirement is what a probate court checks, both while the testator is alive and after death, since validity is set at the moment the will is signed and witnessed, not at the moment it is offered for probate.
Yes. Someone else may sign the testator’s name on a Delaware will, as long as they do it at the testator’s express direction and in the testator’s presence.[1.2] This option matters most for a testator who cannot hold a pen or sign their own name, since the direction can be given verbally or through another clear gesture.
Yes. A Delaware last will must be attested and subscribed, in the testator’s presence, by two or more credible witnesses.[1.2] Any competent adult may serve as a witness,[1.3] and the witnesses must watch the will being signed rather than simply being told about it afterward.
A last will and testament in Delaware is effective without a notary certification. Nonetheless, you will need a notary if you wish to make your will self-proving by adding a sworn affidavit, which the statute allows you to sign either with the will or on a later date.[2.1] A self-proving affidavit makes probate simpler, since its statements are presumed accurate unless someone challenges them, so the witnesses generally do not have to testify in court.[2.3]
It is not strictly required in Delaware. An attested will that already meets the signing and witness rules can be made self-proved by adding the statutory affidavit.[2.2] Still, in case you make a decision to include one, it can be useful since it works as an alternative to in-court testimony from your witnesses during probate.
In Delaware, there is no such term as community or marital property. The term means that all possessions gathered or increased while in the marriage have to be equally distributed between the spouses.
In Delaware, you are able to disinherit your marriage partner, but your spouse will be entitled to a certain minimum of your property.
Aside from your marriage partner, Delaware law allows you to disinherit other members of your family. By including particular disinheritance paragraphs to your last will and testament, you’ll be able to leave your children (those of 18 years and older) or other members of the family out from obtaining any of the belongings.
Yes, you are allowed to revise it. Under Delaware law, you may revoke a will yourself by canceling it, or by having someone else cancel it at your direction and in your presence. You may also revoke it by making a new valid will, or by a signed writing that is itself attested and subscribed in your presence by two or more credible witnesses.[1.4]
It is also a good idea to revise your last will and testament whenever you go through a major life event such as:
Delaware probate courts generally require the original signed will, not a copy. If the original cannot be produced, the person offering the will for probate typically has to explain why it is missing and show that it was not revoked.
For a will that was handwritten rather than properly witnessed, you may need sworn witness testimony to establish it, which can make the probate process longer.
Delaware law allows someone else to sign the testator’s name for them, as long as it is done at the testator’s express direction and in the testator’s presence.[1.2] That direction can be given verbally, by a clear yes or no answer, or through another clear gesture.
It is common practice to have this done in the presence of a notary or another witness who can later confirm what happened. Delaware does not require that witness to be free of any interest in the estate,[1.3] though choosing someone with no stake in the will can help avoid disputes later.
| Related documents | When to make one |
| Codicil | There are several small adjustments you’d like to make to your last will. |
| Self-proving affidavit | You want to save time and legal fees for your witnesses. |
| Living will | You would like to ensure that, if you become incapacitated, you get treated the way you would like to. |
| Living trust | You want to deal with your end-of-life matters without probate. |
This page is general information about Delaware last wills, not legal advice. For advice on your situation, talk to a Delaware attorney.
