Make a Delaware Last Will and Testament

Delaware State Last Will and Testament Laws

Definition of Will - DE Title 12, Chapter 1, Section 101

Laws -Title 12 - Decedents’ Estates and Fiduciary Relations

Witnesses - According to DE Title 12, Chapter 2, Section 201-202, the Will must be signed by two (2) witnesses.

Register of Wills - Testators may register their Will at the following locations: Kent County, New Castle County, and Sussex County.

A Sample Delaware Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets as well as information about any existing life insurance policies.

Step 6 - State the amount of money or percentage of the property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - If there is a specific funeral home you’d like used, list it here.

Step 10 - If there is a specific meal you’d like served after the funeral, a specific location you’d like the meal served, or if you have other burial arrangements you want honored, list that information here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s Name
• Relationship with Testator

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with him or her

Step 13 - Digital Executor - A Digital Executor is a person charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you, provide the following information below (also include information for an alternative guardian as well as a conservator if you’d like).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for your will to be legally recognized, it must be signed by all parties, including both witnesses. This document can also be submitted to the County Clerk's office for further validity.

Why do you need a Delaware last will and testament form?

In Delaware, having a last will and testament is a crucial step in estate planning and to ensure that your wishes are carried out upon death. Testators may include in their wills any disbursement of assets, medical wishes or guardianship of dependents. In Delaware, you can also include a charity donation in your will.

The benefits of having a will

According to Delaware law, through a will, any assets and guardianship decisions will be made by probate court.

• Having a will and testament is important so that you can appoint an executor (someone who will be responsible for carrying out your stated wishes).
• Any real estate, financial holdings, businesses, bank accounts, or other assets can be included and dispersed according to the testator’s wishes.
• Delaware wills can also include pet trusts and pet guardianship.

The costs of not having a will

Through Delaware’s intestacy laws, without a will, surviving spouses and descendants will split any assets. If there are no descendants, a surviving spouse will inherit the entire estate. If there are neither, the state will find another relative. If none can be found, the state will assume the estate. Delaware does acknowledge holographic wills as long as they comply with state regulations.