Delaware Last Will and Testament

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To protect your family and make your wishes known, a last will and testament is an excellent foresight. Here’s how to create a will in Delaware. 

Delaware Last Will and Testament Template

What Is a Last Will and Testament?

A last will and testament is a document that allows people to make sworn statements on who will receive property after they die. 

How Do You Make a Last Will and Testament?

In Delaware, a last will and testament does not have to be executed in the state for it to be legally recognized. Follow these steps to create a last will and testament in Delaware.

Property

The first step in creating a will is to decide what to include. Often real estate, bank accounts, investments, automobiles, and more are included in wills.

Beneficiaries

Who will inherit your property? Often it is a spouse, but beneficiaries can also be parents, children, and siblings. 

Executor

You’ll also need to name an executor to make sure your will directives are followed. 

Guardian for Children

You will need to name a guardian for your children as well as someone to manage their inheritance.

Write Your Will

An inexpensive or free last will and testament template for Delaware is easy to follow. You can use a last will and testament form in Delaware.

Sign Your Will

Delaware law requires that a will be signed by the testator with two witnesses, who will then add their signatures.  The same procedure applies if you wish to make changes to your will via a codicil or a new will in its entirety.

Store Will Safely

Place your last will and testament in a safe, lockbox, or another place for safekeeping.

Will vs. Living Trust

A living trust allows assets to be placed in a trust, with the owner using them during life. Because they are in a trust instead of a will, these assets won’t go through probate. 

Will vs. Living Will

A living will, or advance health care directive, speaks for the testator if incapacitated, detailing health care wishes. Living wills can be part of a will template. 

FAQs

You may still have questions about creating a last will and testament in Delaware. These frequently asked questions may help.

In Delaware, a last will and testament’s testator must be 18 or older and of “sound and disposing mind and memory.” The will must also be printed and signed on paper.

Creating a last will and testament varies in cost, depending on its complexity and whether a lawyer is involved. Using a free or low-cost last will and testament template is an economical option for many Delaware residents.

No, a last will and testament does not have to be notarized in Delaware, but notarizing does add to a last will and testament’s legality.

Yes, in Delaware, many write their own wills using a will template.

No, a handwritten will is not valid in Delaware. Wills must be typed and printed.