Estate plan

Delaware

Everything to plan your estate in Delaware: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

Trust

POA

1W + N

HC Directive

E-will

Not adopted

RON

Limited

Since 2023, not all documents

ROW

Some documents

Remote online witnessing

Community property

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

Will

Del. Code Ann. tit. 12, §201 et seq.

Witnesses: 2 required

Two credible witnesses must sign in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Delaware does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

Living Trust

Witnesses: 1 required

Trust instrument creating an interest contingent on surviving the trustor must be witnessed in writing in the trustor's presence by at least 1 disinterested adult OR by 2 credible persons. A notary public may serve as the witness whether signing as a witness or solely in a notarial capacity (12 Del. C. § 3545).

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Conditional execution: Special rule

1 disinterested adult witness OR 2 credible witnesses

State-specific notes

•12 Del. C. § 3545 sets the witness rule as '1 disinterested or 2 credible persons,' not notary-plus-witness. Notarization is not required by the trust statute (though strongly recommended for real-property funding and for the §§ 901-908 elective-share spousal-waiver clause if applicable).

•The notary who acknowledges the trustor's signature may also serve as the disinterested or credible witness; the two roles need not be separated.

Durable Power of Attorney

Witnesses: 1 required

Delaware requires 1 witness for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Requires one adult witness AND a notary. Del. Code tit. 12, § 49A-105(a)

•Durability is NOT presumed in Delaware. Per 12 Del. C. § 49A-104, the instrument must contain affirmative durability language (e.g., 'This power of attorney shall not be affected by my subsequent disability or incapacity') or similar 'magic words' showing the principal's intent that authority continue despite incapacity; without those words the POA terminates on incapacity.

•The § 49A-105(b) notice to the principal is optional. If omitted, the agent bears the burden on challenge of demonstrating the POA's validity; omission does not void the POA. The § 49A-105(c) agent's certification is a separate document the agent executes when first acting under the POA.

ViewStatutory warning notice

As the person signing this durable power of attorney you are the Principal. The purpose of this power of attorney is to give the person whom you designate (your "Agent") broad powers to handle your property, which may include powers to sell, dispose of, or encumber any real or personal property without advance notice to you or approval by you. This power of attorney does not authorize the Agent to make health-care decisions for you. You should select someone you trust to serve as your Agent. Unless you specify otherwise in this document, generally the Agent's authority will continue until: (i) you die or revoke the power of attorney; (ii) your Agent resigns or is unable to act for you; or (iii) a court acting on your behalf terminates your Agent's authority. Unless you specify otherwise, your Agent has no duty to exercise the powers granted, but when the Agent does act for you, the Agent must use due care to act for your benefit and in accordance with this document. Your Agent must keep your funds and property separate from the Agent's funds and property and must maintain records sufficient to describe and account for the Agent's actions on your behalf. A court can take away the powers of your Agent if it finds the Agent is not acting properly. The powers and duties of an Agent under a durable power of attorney are explained more fully in 12 Del. C. §§ 49A-114 and 49A-201 through 49A-217. If there is anything about this document that you do not understand, you should ask a lawyer to explain it to you. I have read this notice and I understand its contents.

ViewWitness disqualification recital

I am also not related to the principal by blood, marriage, or adoption, and I am not entitled to any portion of the principal's estate upon the principal's death by operation of law or under any will, codicil, or trust (12 Del. C. § 49A-105(a)(5)).

Advance Health-Care Directive

Del. Code tit. 16, ch. 25 §§ 2501-2530 (Uniform Health-Care Decisions Act 2023; 84 Del. Laws c. 467)

Last verified: 2025-09-30

Witnesses: 1 required

Delaware requires 1 witness

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•Chapter 25 was comprehensively replaced by SB 309 / 84 Del. Laws c. 467 (Uniform Health-Care Decisions Act 2023), effective September 30, 2025. Section pin-cites prior to this date no longer track operative law.

•Under 16 Del. C. § 2508(d), the standard health-care power of attorney requires 1 adult witness who reasonably believes the principal's act is voluntary and knowing. The witness may not be the agent, the agent's spouse/domestic partner/cohabitant, or (unless related to the principal) an owner, operator, employee, or contractor of a nursing home or long-term care facility.

•An advance mental-health-care directive with a non-revocation direction requires 2 adult witnesses (16 Del. C. § 2509(e)).

•Witnessing may be done in person OR via real-time audio-visual transmission (16 Del. C. § 2508(e)).

•The statutory advance-directive form is set out at 16 Del. C. § 2511.

Plus

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$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Declaration Instrument Appointing an Agent to Control Disposition of Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Delaware recognizes a statutory Declaration Instrument Appointing an Agent to Control Disposition of Remains; we follow that form. (12 Del. C. §§ 260-270 (Subchapter III of Chapter 2: Disposition of a Person's Last Remains). Statutory declaration form at § 265; under § 266(b), a declaration instrument may be acknowledged before a notary, but lack of acknowledgment does not render the declaration ineffective (notarization is permitted, not required). 84 Del. Laws c. 261 (2024) added natural organic reduction as a disposition option under § 265.)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free

Plus

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime, stored in your account

Annual review reminder

See Will.com Plus →

Electronic will status

Delaware has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Delaware has not adopted RUFADAA. Executor access to digital accounts may be limited by each provider’s terms of service. Consult a local attorney for guidance on digital asset planning.

Remote online notarization (RON)

Delaware authorized RON in 2023.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Delaware allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. 16 Del. C. § 2508(e) (UHCDA 2023, eff. 2025-09-30) permits witnessing of the advance directive by real-time audio-visual transmission. ROW for wills, trusts, and POAs is not authorized.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Delaware for guidance specific to your situation.

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