Living trust requirements
Delaware
What you need to create a valid revocable living trust in Delaware.
Notarization
Conditional
1 disinterested witness OR 2 credible witnesses
Witnesses required
1
Delaware requires witnesses
Community property
No
Online notary
Authorized
Since 2023
Execution requirements
Execution: 1 disinterested witness OR 2 credible witnesses
One disinterested witness or two credible witnesses required (12 Del. C. §3545)
Witnesses — 1 required
Delaware has specific witness requirements for living trust execution.
Written and signed by settlor
The trust document must be in writing and signed by you (the settlor) while of sound mind and at least 18 years old.
Delaware-specific notes
Funding the trust
Creating the trust document is only the first step. The trust only controls assets that have been formally transferred into it.
- •Real estate: Execute a new deed in Delaware naming the trust as owner, then record it with the county
- •Bank & brokerage accounts: Contact the institution to retitle the account to the trust
- •Vehicles: Contact the Delaware DMV to transfer the title
- •Life insurance & retirement accounts: Update beneficiary designations (these pass outside the trust)
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.