Will Requirements in Delaware
A Delaware will must be signed by the testator and attested by two or more credible witnesses, can be made self-proved before a notary, and noncompliant handwritten wills are void unless valid where executed.
Last checked . General information, not legal advice.
Delaware at a glance
- Witnesses
- 2 witnesses
- Self-proving affidavit
- Allowed
- Handwritten (holographic) wills
- Not recognized
The rules in Delaware
How many witnesses does a will need in Delaware?
A will in Delaware must be signed in front of two witnesses, who sign it too.
Can a will be self-proved in Delaware?
Yes. Delaware allows a self-proving affidavit, which lets a court accept the will without calling the witnesses to testify.
Is a handwritten will valid in Delaware?
No. Delaware does not recognize unwitnessed handwritten wills made under its own law.
Where do the Delaware rules for wills come from?
They come from 12 Del. C. 202 and 12 Del. C. 1305 and 1306. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Delaware compares
27 jurisdictions recognize handwritten wills; Delaware is not one of them, so a will made there should be witnessed.
What this means in practice
Sign the will in front of all the witnesses at the same time and have them sign right after you. Many people choose adult witnesses who receive nothing under the will, which avoids questions later.
Keep the signed original somewhere safe and tell your executor where it is. A copy is usually not enough to probate a will.
Changing a will later takes the same formalities: sign a codicil or a new will with witnesses, rather than writing changes on the original.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.