Make your Delaware living trust.

Special notes for Delaware

• Delaware sets the witness rule as '1 disinterested or 2 credible persons,' not notary-plus-witness (12 Del. C. § 3545). 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.
• Electronic execution changes the medium, not the formalities. Delaware permits a governing instrument or other document described in the trust-witnessing statute, other than a will or codicil, to be executed under the Uniform Electronic Transactions Act, but only 'if otherwise validly executed' (12 Del. C. § 3550(a)(1), referring to § 3545 and to Chapter 12A of Title 6). The disinterested-witness or 2-credible-witness requirement still applies, and there is no electronic route for a will or codicil.
• Delaware is a leading asset-protection-trust jurisdiction. The Qualified Dispositions in Trust Act permits a settlor to transfer assets to an irrevocable Delaware trust with a qualified Delaware trustee, retaining limited interests (income, special power of appointment, trustee-removal right), shielding the principal from most creditors subject to statutory limits: a creditor whose claim arose concurrent with or after the qualified disposition must bring an avoidance action within 4 years of the disposition and must prove actual intent to defraud, while a creditor whose claim pre-dated the disposition gets the Title 6 fraudulent-transfer limitations period. The creditor bears a clear-and-convincing burden and the Court of Chancery has exclusive jurisdiction. A creditor's rights against a qualified disposition are limited to those the statute provides (12 Del. C. §§ 3570-3576; the operative sections are §§ 3572, 3573 and 3574). This Delaware-specific regime is distinct from a standard revocable living trust.
• The asset-protection limits do not reach every creditor. A spouse, former spouse or child owed support or alimony under an agreement or court order, a spouse or former spouse owed a division of property incident to a separation or divorce, and a person whose death, personal injury or property damage was caused by the transferor on or before the disposition are all outside the protection, each to the extent of that debt or claim (12 Del. C. § 3573(a)). The support and property-division carve-out does not itself extend to a claim for forced heirship, legitime or elective share (12 Del. C. § 3573(b)). The protection applies against the transferor's own spouse only where the spouse gave written consent before the disposition, after being given the trust instrument, a list and reasonable valuation of the property, a copy of the Act, and the capital-letters warning the statute prescribes, signed by the spouse and witnessed by someone unrelated to the transferor (12 Del. C. § 3573(c)).