Send Via USPS Legal Delaware Wills Forms For Free

A will in Delaware does not require notarization. However, it must be signed by the testator and witnessed by at least two individuals who are both present when the testator signs the will. To create a self-proving will, the testator and witnesses can sign a self-proving affidavit in the presence of a notary public.

The will must be in writing. The Testator (or someone directed by and in the presence of the Testator) must sign the will. The will must be signed by two credible witnesses in the presence of the Testator. The state of Delaware does not allow digital-only wills.

Do All Estates Have to Go Through Probate in Delaware? Many estates will be required to go through probate in Delaware. However, there are a few exceptions. For instance, estates with less than $30,000 in assets and no real property may avoid probate.

If you die with a surviving spouse and with children with someone other than that spouse, the spouse gets ½ of your intestate assets, plus the right to use any intestate real estate for life. Your children get everything else. If you die with children but no surviving spouse, your children inherit everything.

No, in Delaware, you do not need to notarize your will to make it legal. However, Delaware allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

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.