Deep in Debt?

We can help you pay it off

$1,000$100,000+

How to write Wills in Delaware: An easy guide to protect your legacy

Making a Last Will and Testament in Delaware is a significant step toward protecting the financial future of your loved ones.

A Last Will and Testament is a legal document that ensures a person's real estate and property are distributed according to his wishes after death.

It allows a testator, or the person making the will, to distribute his personal belongings and property to his family, loved ones, pets, charity donations, and open trust.

Why do you need to write a Last Will and Testament in Delaware?

It is not a legal requirement under Delaware law to make a valid Will. However, it is generally recommended to make a Will because, without a Will, the asset distribution of the testator may not be as per his wishes after his demise.

Without a proper Will, the state laws of intestacy will be invoked.

Delaware Wills allow testators to distribute personal property to their loved ones, ensure care for minor children or pets, and make charitable contributions.

Furthermore, a Delaware Will also allows testators to name an executor or a legal representative who will ensure the testator's wishes are carried out per the instructions in the Will.

What happens when you die without a Will in Delaware?

When a person dies without a Delaware Will, his property may be distributed under inheritance or state laws on intestacy. The person who dies without a Will is called intestate.

Under intestacy laws, a person's real and personal property may be acquired by the surviving spouse and surviving children, if any. The property may be transferred to the deceased person's parents without a surviving spouse and children.

If no living spouse, children, or parents are found, the court may transfer the property to the deceased's siblings.

The court may further track down other relatives like uncles and aunts, cousins, grandparents, and grandchildren based on the closeness of the relationship.

If the court exhausts all relations by birth and marriage, the property may be passed on to the state.

What is required for a valid Will in Delaware?

Testators must meet the following requirements to make a valid Will in Delaware.

  • A testator must be a minimum of 18 years of age.
  • A testator must be of sound mind, meaning he has not previously been found to be incompetent.
  • A testator must make a Delaware Will in writing.
  • At least two witnesses must sign the Will.
  • The testator or someone in the testator's presence and directed by him must sign the Will.

What can be included in a Will?

A testator can include the following clauses in a Last Will and Testament.

  • Distributions of real estate property to family and loved ones.
  • Legal representative to handle property for minor children and legal guardian to care for them.
  • Trusts.
  • Charitable contributions.
  • Pet care.
  • Naming an executor.

Although the above clauses can be included in a Delaware Will, specific instructions cannot be mentioned in a Last Will and Testament.

Instructions like medical treatment, after-life care, and funeral instructions should not be mentioned in a Last Will and Testament. Instructions as such must be included in a Living Will, mainly because a Last Will and Testament are referred to after the testator's demise.

Steps to Write a Valid Will in Delaware

  • Determine the properties to be included in a Will.
  • Determine the beneficiaries of the properties.
  • Name an executor.
  • Determine a legal guardian for minor children and a legal representative to manage their property.
  • Write a Will and sign it in front of two witnesses.
  • Keep it in a safe place.

Types of Wills Accepted in Delaware

Delaware law accepts Wills that are written and signed on paper. Testators can use a computer or a typewriter to write a Will.

Wills made using other methods like video or audio will not be recognized in Delaware.

Do you need a lawyer to make a Will in Delaware?

Testators can make their own Will in Delaware, which means approaching a lawyer or an attorney is not required to make a valid Will.

Although hiring a lawyer is not a legal requirement, testators may consult a lawyer or attorney to seek advice if there are chances of the Will being contested.

Do you have to register a Will in Delaware?

Delaware law requires the Will to be submitted to the county registrar within ten days of the testator's death.

The probate process in Delaware requires a Last Will and Testament to be proven in the probate court.

After the authenticity of the Will is proved in the probate court, the executor named in the Will can go ahead distributing assets of the testator as instructed in the Will after he has paid off any debts and taxes of the testator.

How to change or revoke a Will in Delaware

How to Change a Will

A Will may be changed by adding a codicil or amendment to the existing Will. However, testators must follow the same procedures when creating a new Will.

How to Revoke a Will

A Last Will and Testament may be revoked by the testator canceling it or someone else canceling it by the testator's express direction and in the testator's presence.

Testators may also revoke a Will by signing a document stating he is revoking the Will or asking someone else to sign the document in front of him and two witnesses.

Do you need to notarize a Will in Delaware?

It is not a legal requirement to notarize a Will in Delaware.

In addition, Delaware law allows testators to make the Wills "self-proving." Self-proving a Will can make the probate process simpler and faster since the probate court may approve the Will without having to contact the witnesses of the Will to prove the authenticity.

A self-proved Will requires the testator and the witnesses of the Will to go to the notary public to sign an affidavit.

What other things must you know about writing a Will in Delaware?

Naming an executor or a legal representative in a Will is essential to writing a valid Will. An executor is responsible for ensuring the clauses or instructions mentioned in the Will are fulfilled per the testator's wishes.

Without an executor named in a Will, the probate court will appoint someone to do the job.

Furthermore, Delaware Will does not distribute every property that a testator holds. Some exceptions to asset distributions are assets that are held in joint tenancy.

Such property with survivorship rights will immediately pass on to the survivor.

Unless particularly mentioned in the Will, a divorce or annulation of marriage revokes any provision that mentions distributions to the spouse or names the spouse as an executor or trustee of the Will.

Final Thoughts

Making a Will is a significant step to protecting the financial future of your loved ones. It ensures your real and personal property is distributed per your wishes after your demise.

A valid Delaware Will can help you distribute your property to loved ones, ensure care for children and pets, and make charitable contributions and open trusts.

Although not required, consulting an experienced professional in case of doubts may be helpful.

Updated on:

Was this page helpful?

  • expertise badge
  • This site is verified as a Trusted Site by Best of the Web
  • TrustLink logoTrustLink logo
  • Customer ratings on BBB
  • IAPDA logo
  • Calchamber Member
  • Calbar Registered
  • D&B
  • Godaddy
  • yelp logo