Delaware estate planning
Delaware will, trust & power-of-attorney requirements
Delaware sets its own rules for how an instrument must be signed and witnessed, whether it needs a notary, and how estates are taxed. The requirements below are drawn from the same attorney crafted & attorney verified Delaware rule set Estateur drafts against — every Delaware will, revocable living trust, and power of attorney is generated to these formalities and validated against them before delivery.
Delaware estate planning at a glance
| Will witnesses required | two witnesses |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Available (recommended) |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Not permitted |
| State estate tax | None |
| State inheritance tax | None |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the Delaware courts or department of revenue.
How to make a valid will in Delaware
A Delaware will must be in writing and signed by the testator in front of two witnesses. Notarization is not required for the will to be valid, but a self-proving affidavit — which is notarized — makes probate easier by removing the need for the attesting witnesses to testify later. Delaware does not recognize handwritten (holographic) wills — the witness requirement applies regardless.
Spousal protection. 1/3 of the elective estate (12 Del. C. § 901). A will cannot fully disinherit a surviving spouse in most states — Estateur's intake flags an elective-share exposure on the draft.
Living trusts & avoiding probate in Delaware
A will still has to pass through Delaware probate — a public, court-supervised process — before assets reach the beneficiaries. A revocable living trust holds assets during life and transfers them at death without probate, which is usually faster and stays private. Whether a trust is warranted turns on the client’s real property, the size and complexity of the estate, and the planning objectives.
Estateur drafts either structure on your instruction, and every trust-based matter generates the pour-over will as a companion instrument, with the plan-level consistency checks run across the set.
Powers of attorney & healthcare directives in Delaware
A financial power of attorney in Delaware must be notarized and signed before one witness. (12 Del. C. § 49A-105)
A Delaware healthcare directive must be signed before two qualified witnesses. (16 Del. C. § 2503)
A complete plan also includes a HIPAA authorization so the healthcare agent can actually obtain the client's medical information. Estateur drafts each of these to Delaware's signing rules and generates the matching execution instructions.
Delaware estate & inheritance tax
Delaware has no state estate tax and no state inheritance tax. Only the federal estate tax can apply, and it affects very few estates.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the Delaware department of revenue.
Delaware statutes referenced
- 12 Del. C. § 202
- 12 Del. C. § 49A-105
- 16 Del. C. § 2503
Delaware estate planning: common questions
- How many witnesses does a will require in Delaware?
- Delaware requires two witnesses to the testator's signature (12 Del. C. § 202). A notarized self-proving affidavit is optional but recommended — it admits the will to probate without witness testimony. Delaware does not recognize handwritten (holographic) wills.
- Does Delaware permit electronic wills?
- No. Delaware has not adopted an electronic-wills statute, so a will must be executed on paper under the state's ordinary formalities. Estateur's Delaware execution instructions reflect that.
- What are the signing requirements for a financial power of attorney in Delaware?
- A financial power of attorney in Delaware must be notarized and signed before one witness. (12 Del. C. § 49A-105)
- Does Delaware have an estate tax or inheritance tax?
- Delaware has no state estate tax and no state inheritance tax. Only the federal estate tax can apply, and it affects very few estates.
- How does Estateur handle Delaware-specific requirements?
- Estateur drafts each instrument against Delaware's attorney crafted & attorney verified rule set, including execution formalities, mandatory and prohibited clauses, and statutory citations. It then runs required checks before delivery. Every Delaware document includes a matching execution checklist. Estateur is a self-help document preparation service, not a law firm.
Build your Delaware estate plan
Estateur guides you through a plain-English interview and prepares Delaware instruments drafted against the verified rule set above, validated before they reach you, and delivered with execution instructions for a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects Delaware law in general terms and may change.
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