Estate plan requirements
Delaware
Everything you need to create a valid estate plan in Delaware: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
1W
POA
1W + N
Healthcare Dir.
2W
E-will
Not adopted
Online notary (RON)
Authorized
Since 2023
Remote witnessing (ROW)
Not authorized
Community property
No
Minimum age
18
Will
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
One disinterested witness or two credible witnesses required (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 witness OR 2 credible witnesses
State-specific notes
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
Healthcare Directive
Witnesses: 2 required
Delaware requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Electronic will status
Delaware has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Remote online notarization
Delaware authorized remote online notarization (RON) in 2023. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
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.