Last Will and Testament in Delaware — Free PDF & Word (2026 Updated)
Distribute your assets and appoint guardians after death
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
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.
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.
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.
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 Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Delaware standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Delaware |
| Sales Tax | 0% | Delaware base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Delaware Last Will and Testament Requirements
Review the following requirements to ensure your Last Will and Testament is legally valid in Delaware.
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.
Other Forms in Delaware
Last Will and Testament in Neighboring States
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.