Free Delaware Last Will and Testament
Build a complete Delaware will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Delaware's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Delaware will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Delaware notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Delaware: Put the will in writing and sign it (or have another sign your name in your presence at your direction). Two or more credible witnesses must attest and subscribe (sign) the will IN YOUR PRESENCE. To make the will self-proving (so witnesses need not testify), the testator and witnesses sign a 12 Del. C. § 1305 affidavit before a notary, attached to the will — this can be done at signing or at any later date; once self-proved, compliance with signature requirements is conclusively presumed. Notarization of the will itself is not required. Delaware does NOT recognize holographic wills.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Delaware, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Delaware law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Delaware.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Delaware.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (12 Del. C. § 1305) — sign this part before a notary to make probate easier:
STATE OF DELAWARE, COUNTY OF [COUNTY]. Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator's last will and that the testator had willingly signed or directed another to sign for the testator, and executed it as a free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the testator, that the testator had declared the instrument to be the testator's will and that the testator executed the same as a free and voluntary act and that each of the witnesses, in the presence and hearing of the testator and at the testator's request, signed the will as witness and that to the best of the witness's knowledge the testator was at that time eighteen years of age or over, of sound mind and under no constraint or undue influence. [TESTATOR SIGNATURE], Testator. [WITNESS 1 SIGNATURE], Witness. [WITNESS 2 SIGNATURE], Witness. Subscribed, sworn and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DAY] day of [MONTH], A.D., [YEAR]. [SIGNED — Officer], (Seal). (Official capacity of officer.)
How to Sign Your Will in Delaware
Put the will in writing and sign it (or have another sign your name in your presence at your direction). Two or more credible witnesses must attest and subscribe (sign) the will IN YOUR PRESENCE. To make the will self-proving (so witnesses need not testify), the testator and witnesses sign a 12 Del. C. § 1305 affidavit before a notary, attached to the will — this can be done at signing or at any later date; once self-proved, compliance with signature requirements is conclusively presumed. Notarization of the will itself is not required. Delaware does NOT recognize holographic wills.
Delaware requires 2 witnesses: The will must be in writing, signed by the testator (or by another person subscribing the testator's name in the testator's presence and by the testator's direction), and attested and subscribed in the testator's presence by two or more credible witnesses (12 Del. C. § 202). Witnesses must subscribe in the testator's presence. Delaware does NOT void a gift to an interested witness, but two disinterested witnesses are recommended.. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (12 Del. C. § 1305) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in Delaware?
No. Delaware does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in Delaware
Can you disinherit your spouse? Cannot fully disinherit a spouse. The surviving spouse may elect a share equal to ONE-THIRD (1/3) of the 'elective estate' (defined by reference to the decedent's federal adjusted gross estate), REDUCED by the amount of all transfers the decedent made to the surviving spouse during life or at death. (Distinctive: the base is the federal-gross-estate-derived elective estate, and lifetime/death transfers to the spouse offset the share.)
Children born after your will: Delaware's pretermitted-heir protection is narrow. A child born or adopted after the will, not provided for and not shown to be intentionally omitted, may take a share; Delaware does not give an automatic intestate share as broadly as the UPC. Del. Code tit. 12, § 301 et seq. (mistaken-omission / after-born child). Generator should treat omitted-child protection as limited and recommend naming/expressly disinheriting children. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Protected class is a devisee/legatee who is a grandparent or a lineal descendant of a grandparent of the testator. If dead at execution or failing to survive, the deceased devisee's issue who survive the testator by 120 hours take in their place, per stirpes (UPC model). The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: 120-hour (5-day) survival rule applies (anti-lapse § 2313 expressly references the 120-hour survival; Delaware follows the USDA / UPC survival model). The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: Delaware enforces no-contest clauses by statute and DOES NOT apply a probable-cause exception. A no-contest clause is enforceable UNLESS the court determines the beneficiary 'prevailed substantially' in the contest. (So good faith / probable cause alone does NOT save a beneficiary — only substantially prevailing does.) This is stricter than the UPC probable-cause rule.
Digital assets: Delaware has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Delaware lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in Delaware?
Delaware splits the estate into personal property and real estate. A surviving spouse gets the first $50,000 plus half of the personal property AND a life estate (right to use for life) in the real estate — the same whether the children are joint or the only survivors are parents. If there is a stepchild, the spouse loses the $50,000 preference and takes just half the personal property plus the life estate.
- Spouse, no children: Entire intestate estate (no surviving issue or parent).
- Spouse and shared children: All surviving issue of the decedent are also issue of the surviving spouse: spouse takes the first $50,000 of the intestate personal estate plus one-half of the balance of the personal estate, plus a life estate in the intestate real estate; the children share the rest (and own the real estate subject to the spouse's life estate).
- Spouse and a child from another relationship: One or more of the decedent's surviving issue are NOT issue of the surviving spouse: spouse takes one-half of the intestate personal estate (no $50,000 preference) plus a life estate in the intestate real estate; the decedent's issue share the rest. This is the gotcha.
- Children, no spouse: No spouse: entire estate to the decedent's issue, per stirpes (Del. Code tit. 12, § 503).
- No spouse or children: No spouse or issue: to surviving parent(s) equally; then to issue of the parents (siblings/their issue) per stirpes; then to the next of kin and their issue per stirpes (those of nearest degree take).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Del. Code tit. 12, §§ 502, 503.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Delaware?
Yes, if you sign it correctly. Delaware requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Delaware will need to be notarized?
No. Delaware does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Delaware will need?
2 witnesses. The will must be in writing, signed by the testator (or by another person subscribing the testator's name in the testator's presence and by the testator's direction), and attested and subscribed in the testator's presence by two or more credible witnesses (12 Del. C. § 202). Witnesses must subscribe in the testator's presence. Delaware does NOT void a gift to an interested witness, but two disinterested witnesses are recommended. They should be adults who do not inherit under the will.
Can I leave my spouse out of my Delaware will?
Cannot fully disinherit a spouse. The surviving spouse may elect a share equal to ONE-THIRD (1/3) of the 'elective estate' (defined by reference to the decedent's federal adjusted gross estate), REDUCED by the amount of all transfers the decedent made to the surviving spouse during life or at death. (Distinctive: the base is the federal-gross-estate-derived elective estate, and lifetime/death transfers to the spouse offset the share.)
What happens if I die without a will in Delaware?
Delaware splits the estate into personal property and real estate. A surviving spouse gets the first $50,000 plus half of the personal property AND a life estate (right to use for life) in the real estate — the same whether the children are joint or the only survivors are parents. If there is a stepchild, the spouse loses the $50,000 preference and takes just half the personal property plus the life estate.
Does a Delaware will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Delaware?
Generally 18. Any person 18 years of age or older, of sound and disposing mind and memory, may make a will; no person under 18 may make a will (12 Del. C. § 201). No marriage/military exception. You must also be of sound mind.
Can I write my will by hand in Delaware?
No. Delaware does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in Delaware?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal advice.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Delaware requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Delaware estate-planning attorney. RecordingLaw.com is not a law firm.
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