Last Will and Testament in Delaware — Free PDF & Word (2026 Updated)

Distribute your assets and appoint guardians after death

Sales Tax: 0%Notary: $5-$10Witnesses: 1

Document Preview


LAST WILL AND TESTAMENT
State of Delaware

I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Delaware (DE), being of sound mind and memory, do hereby declare this to be my Last Will and Testament, revoking all previous wills and codicils.

ARTICLE I — IDENTIFICATION
Name: [YOUR FULL LEGAL NAME]
Date of Birth: [DOB]
Address: [ADDRESS], DE [ZIP]
Social Security Number: [LAST 4 DIGITS ONLY]

ARTICLE II — FAMILY
Spouse: [SPOUSE NAME] (if applicable)
Children: [LIST CHILDREN WITH DATES OF BIRTH]

ARTICLE III — DEBTS AND EXPENSES
I direct my Personal Representative to pay all legally enforceable debts, funeral expenses, and costs of administration from my estate.

ARTICLE IV — SPECIFIC BEQUESTS
I give the following specific gifts:
1. [ITEM/AMOUNT] to [BENEFICIARY NAME]
2. [ITEM/AMOUNT] to [BENEFICIARY NAME]
3. [ITEM/AMOUNT] to [BENEFICIARY NAME]

ARTICLE V — RESIDUARY ESTATE
I give the remainder of my estate to [BENEFICIARY NAME]. If this beneficiary does not survive me, I give the residuary estate to [ALTERNATE BENEFICIARY].

ARTICLE VI — PERSONAL REPRESENTATIVE
I appoint [EXECUTOR NAME] as Personal Representative of this Will. If unable to serve, I appoint [ALTERNATE EXECUTOR] as successor.

ARTICLE VII — GUARDIAN (if minor children)
I appoint [GUARDIAN NAME] as guardian of my minor children. If unable to serve, I appoint [ALTERNATE GUARDIAN].

ARTICLE VIII — POWERS
My Personal Representative shall have full power to sell, lease, mortgage, or otherwise manage estate assets as necessary.

This Will is executed in accordance with the laws of Delaware (DE Statutes).

TESTATOR SIGNATURE: _____________________ DATE: _____
Print Name: _____________________

WITNESS ATTESTATION:
We declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and appeared to be of sound mind and under no duress.

Witness 1: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

Witness 2: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

NOTARY ACKNOWLEDGMENT (if required in Delaware):
State of Delaware, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________ My Commission Expires: _____
[NOTARY SEAL]

FAQ: Last Will and Testament in Delaware

Is a Last Will and Testament required in Delaware?

Yes, in Delaware, a Last Will and Testament is required for most transactions of this type. Under Delaware State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Last Will and Testament may result in legal complications.

Does a Last Will and Testament need to be notarized in Delaware?

Notarization requirements in Delaware (DE) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Last Will and Testament in Delaware?

Delaware has a base sales tax rate of 0%. Depending on the type of transaction documented in your Last Will and Testament, additional local taxes may apply. Consult with a Delaware tax professional for specific guidance on your situation.

Do I need a lawyer to make a will?

No, you can create a valid will without a lawyer in all 50 states. However, the will must meet your state's requirements for execution, including proper witnesses and, in some states, notarization. A lawyer is recommended for complex estates.

How many witnesses do I need for a will?

Most states require two witnesses who are not beneficiaries of the will. The witnesses must observe you sign the will and then sign it themselves. Some states also accept self-proving affidavits notarized at the time of signing.

Can I change my will after signing it?

Yes, you can change your will at any time by creating a codicil (amendment) or by writing an entirely new will that revokes the previous one. Any changes must meet the same execution requirements as the original will.

Where to File Your Last Will and Testament in Delaware

Visit your local County Clerk office to file or notarize your Last Will and Testament.

Delaware County Clerk

Delaware Capital

Main Government Building, Delaware

District County Clerk

Delaware Metro Area

County Courthouse, DE

JRJ
Reviewed & Fact-Checked

Jennifer Rodriguez, J.D.

Estate Planning Attorney

Licensed in 5 states, 12+ years experience

Focuses on wills, trusts, and power of attorney documents

This Last Will and Testament template for Delaware has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Delaware Last Will and Testament Legal Guide

According to Delaware laws, this agreement holds legal weight once properly signed and notarized, ensuring compliance with state regulations.

Delaware law (Delaware State Code) governs this Last Will and Testament. Key financial considerations include a 0% sales tax rate and notary fees of $5-$10. The document requires 1 witness and remains valid indefinite.

This professionally drafted form provides peace of mind knowing you're compliant with all Delaware legal requirements.

testatorbeneficiaryexecutorpersonal representativeestate distributionprobateinheritanceguardian
Whether you're a first-time last will and testament user or a seasoned professional in Delaware, understanding the legal nuances of this document is essential. Delaware (DE) has specific statutes that govern how this form must be prepared, signed, and filed.

Your Delaware Filing Guide

After downloading, take your time filling in each section. DE statutes require that all information be accurate and current. Once signed by all parties, determine whether Delaware requires you to file the document with a government office, record it with the county, or simply retain it for your records.

Avoid These Common Mistakes

Delaware attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with DE law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when Delaware law changes

How Delaware Courts View This Document

Delaware courts apply DE statutory standards when evaluating a Last Will and Testament. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.

What Delaware Law Requires

Delaware's statutes are clear: a valid Last Will and Testament must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under DE law can render the document unenforceable.

Last Will and Testament Costs in Delaware

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Delaware standard rate: $5-$10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Delaware
Sales Tax0%Delaware base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Delaware-specific estimates. Contact your local office for exact pricing.

Delaware Last Will and Testament Requirements

Review the following requirements to ensure your Last Will and Testament is legally valid in Delaware.

Testator must be 18 or older
Testator must be of sound mind
1 witness must sign
Notarization recommended
Self-proving affidavit recommended
Personal representative named
Guardian for minors designated
Residuary clause included
Revocation of prior wills stated
1 witness must sign

Delaware Notarization

While notarization may not be required in Delaware, it is recommended. Fees range from $5-$10.

Before You Sign

Review all information carefully. Delaware does not impose a state sales tax, but local fees may apply.

Legal Protection

Keep copies of all signed documents. Delaware law requires all parties to receive copies of executed documents.

Delaware Filing Deadlines

Check Delaware deadlines for filing or recording this document with the appropriate county clerk's office.

Document Information

Document
Last Will and Testament
State
Delaware (DE)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
0%
Notary Fee
$5-$10

Delaware Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Delaware may change. Consult a licensed attorney for advice specific to your situation.