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The Will must be in writing and signed by the maker or signed by a person subscribing to maker's name in his or her presence and at the maker's direction; The Will must be witnessed by two or more credible witnesses, who subscribe their names in the presence of the maker.

Delaware explicitly allows living wills, called advance directives under Delaware law. Do you need a last will and testament? Although a last will and testament are not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased's assets.

In Delaware, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

No, you are not required to use a lawyer to make a Will in Delaware. There are some situations, like a complex estate or difficult family relationships, where it may be beneficial to consult a lawyer.

In Delaware, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

The presence or absence of a valid will after death does not determine whether an estate must be opened. Whenever there is a death in New Castle County, an estate must be probated if: The decedent had more than $30,000 in personal property in his/her name alone, or.