Delaware Last Will and Testament Form

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Delaware Last Will and Testament: What Is It?

In the state of Delaware, a Last Will and Testament is a legal document created by the a person, known as the Testator, that ensures that his or her wishes are followed when it comes to their assets after they pass away. A Last Will ensures that the Testator’s assets aren’t claimed by the state, but rather transferred to the person or people of the Testator’s choice. In Delaware, this document must be signed by the Testator, two witnesses, and notarized by a Notary Public. Furthermore, the Testator may register the Will with the County Clerk's office for further protection and validity.

State Specific

Below are the defined signing and witnessing laws in regards to Living Will documents for the state of Delaware.

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, or by a notary public or another individual authorized by law.

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

Writing a Delaware Last Will and Testament

Using the attached FormSwift Last Will Template, start by filling out the following information.

Step 1 - Declare the following about the Testator

  • Name
  • Gender

Step 2 - Specify the following about the Testator’s residence:

  • City of residence
  • County of residence

Step 3 - Specify the Testator’s marital status by selecting from one of the following options:

  • Married
  • Single
  • Divorced
  • Engaged
  • Widowed
  • Separated

In addition, state the name of the Testator’s spouse (if applicable).

Step 4 - Specify if the Testator has any of the following:Specify if the Grantor has any children, along with pets, property, or life insurance. If so, provide information on the following:

  • Pets - Pet Name, Species, etc.
  • Property - Property Details, Address, etc.
  • Life Insurance - Company, Policy Number, Contact Information

Step 5 - Specify how much the Testator would like to leave each child like such:

  • Name of child - amount or percentage to be inherited
  • Name of child - amount or percentage to be inherited

Step 6 - Provide the name of anyone who the Testator wishes to set up a trust for who is disabled or requires specific care. Setting up a trust for this person can prevent any eligibility hiccups from them receiving Supplemental Security Income or Medicaid benefits.

Step 7 - State the following about children’s benefits:

  • Age they will be when benefits initiate
  • Age they will be when benefits run out or are terminated
  • Portion each child will receive

Step 8 - Provide the following information about the funeral home the Testator would like his or her body taken to:

  • Funeral home name
  • Funeral home address

Step 9 - Provide ay specifications the Testator may have about the last meal after the funeral service.

Step 10 - Naming an Executor - Provide the following information about the appointed Executor.

  • Executor name
  • Relationship with Testator

Additionally, if there is someone that the Testator does not want to act as an Executor, or if the Testator wants to appoint an alternate Executor, should the original be unable to execute the Will, provide the following information:

  • Person’s name
  • Relationship to Testator

Step 11 - Appointing a Trustee - If the Testator’s assets in a trust, he or she must appoint a Trustee charged with distributing such assets. Provide the following information of the Trustee:

  • Name of Trustee
  • Relationship to Testator

Step 12 - Digital Executioner - If the Testator has digital assets such as valuable photos, royalties, digital currency, etc., provide the name of the appointed Digital Executor:

  • Name of Digital Executioner
  • Relationship to Testator

Step 13 - Guardian for Minor Children - If the Testator has minor children and wishes to appoint a Guardian, please state the following information.

  • Name of Guardian
  • Relationship to Testator

Step 14 - Appointing Additional Beneficiaries - If the Testator wishes to appoint other beneficiaries besides his or her children, provide the following information:

  • Beneficiary’s name
  • Beneficiary’s relationship to Testator
  • Amount or percentage to be inherited

Step 15 - Disinheriting a Beneficiary - If the Testator wants to disinherit a person, provide the following information:

  • Disinherited person’s name
  • Relationship to Testator

Step 15 - Witnesses - Provide the following details about each witness:

  • Name
  • Address
  • City, state and zip code
  • Contact Number

Remember to have this document witnessed and notarized for it to be legal. This document can also be submitted to the County Clerk's office for further validity.

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