How to make a will in Delaware

Delaware will requirements at a glance

How to sign a will in Delaware

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (12 Del. C. § 202)
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (12 Del. C. § 1305)
5. Store the original safely and tell your executor where it is. Delaware also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind. (12 Del. C. § 201)

Witness rules

The will must be in writing, signed by the testator (or by someone signing the testator's name in the testator's presence and at the testator's express direction), and attested and subscribed in the testator's presence by two or more credible witnesses. A will that does not comply is void. The statute does not require witnesses to sign in each other's presence. (12 Del. C. § 202)

If a witness inherits: No effect: a will or any provision is not invalid because it is signed by an interested person (12 Del. C. § 203(b)).

Handwritten wills

Not recognized; an unwitnessed will is void (12 Del. C. § 202(b)). A will valid where it was executed, or where the testator was domiciled, had a place of abode or was a national, is honored (§ 1306).

Self-proving affidavit

Testator acknowledgment and witness affidavits before an officer authorized to administer oaths under Delaware law, at signing or any later date. A will made self-proved under another qualifying jurisdiction's law also counts (§ 1306(b)). (12 Del. C. § 1305)

Can I sign my will online in Delaware?

No. No electronic-will or remote-witnessing statute found; § 202 requires attestation in the testator's presence.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: A notarial officer located in Delaware may act for a remotely located individual over audio-video. § 4320 has no will-specific exclusion, but the witnesses must still attest in the testator's presence. The statute does not say whether a § 1305 affidavit may be taken remotely. (29 Del. C. § 4320 (Revised Uniform Law on Notarial Acts, SB 262, effective Aug. 1, 2023))

Good to know in Delaware

You can deposit your original will for safekeeping with the Register of Wills in New Castle, Kent or Sussex County; the statutory fee is $5, though counties may set their own (12 Del. C. § 2513). After a death, whoever holds the will must deliver it to the Register of Wills within 10 days (§ 1301).

Estate and inheritance taxes

Delaware has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Delaware will questions

Does a will need to be notarized in Delaware?

No. Two witnesses make a Delaware will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in Delaware?

Not recognized; an unwitnessed will is void (12 Del. C. § 202(b)). A will valid where it was executed, or where the testator was domiciled, had a place of abode or was a national, is honored (§ 1306).

Can a beneficiary witness a will in Delaware?

No effect: a will or any provision is not invalid because it is signed by an interested person (12 Del. C. § 203(b)).

Can I make a will online in Delaware?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Delaware doesn't allow electronic wills, so the will must be signed on paper.

Does Delaware have an estate or inheritance tax?

Delaware has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Delaware statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Delaware attorney.