Delaware Last Will and Testament

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A Delaware last will and testament is a legal document that lays out how an individual’s estate will be divided after their death. A will often names an executor who will oversee the probate of the will and distribution of the person’s estate. Once created, a will can be updated, altered, or revoked by its maker as long as they have the mental capacity to do so.

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Delaware Last Will and Testament

Last updated January 23rd, 2026

A Delaware last will and testament is a legal document that lays out how an individual’s estate will be divided after their death. A will often names an executor who will oversee the probate of the will and distribution of the person’s estate. Once created, a will can be updated, altered, or revoked by its maker as long as they have the mental capacity to do so.

State Laws

  • Minimum Age – 18[1]
  • Signing Requirements – Two witnesses[2]
  • How to Revoke – Destroying the document or revoking it through a new will or revocation document.[3] Any distribution or special power of appointment granted to an ex-spouse is automatically revoked.[4]

Probate in Delaware

When a person dies in Delaware, anyone in possession of their original will is legally obligated to deliver it to the Register of Wills Office within 10 days after learning of the decedent’s death.[5]

Petition to Act as Personal Representative

To begin the probate process, an appointment must be made with the Register of Wills Office in the decedent’s county of residence.[6]

The executor named in the will or the person chosen to represent the estate must complete and file a Petition to Act as Personal Representative. If available, the following documents will also need to be brought to the appointment for filing.

  • Original copy of decedent’s will
  • Original copy of decedent’s death certificate
  • List of decedent’s solely-owned assets and their estimated values
  • List of decedent’s solely-owned real estate and their estimated values
  • List of decedent’s next of kin, including their name, address, and relationship

There are three Register of Wills offices in Delaware:

Small Estates

If an estate is valued at $30,000 or less and the following requirements are met, the beneficiaries may be able to request a Small Estate Affidavit to bypass probate.[7]

  • 30 days have passed since the decedent’s death
  • No Petition to Act as Personal Representative has been filed
  • All debts have been paid or properly addressed
  • The surviving spouse’s allowance has been accounted for
  • The estate doesn’t include any out-of-state real property

Sources

  1. § 201
  2. § 202
  3. § 208
  4. § 209
  5. § 1301
  6. Sussex County – Wills & Estates
  7. § 2306(a)