Delaware Last Will and Testament

What Is a Last Will and Testament?

Delaware defines a will as “in writing and signed by the testator or by some person subscribing the testator’s name in the testator’s presence and by the testator’s express direction.” (§ 202)

Requirements

To execute a valid will, individuals must:

• The testator must be of sound mind and at least eighteen (18) years of age. (§ 201)
• Two competent witnesses must sign the will in the presence of the testator. (§ 202)
• The will must be in writing. (§ 202)

Filing

Delaware does not require wills to be filed during the testator’s lifetime. Some probate courts allow wills to be securely deposited for safekeeping.

Sources

1. § 202
2. § 201

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