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Delaware legal documents and rules

Create documents for Delaware and check the Delaware rules behind them. Every rule below links to the statute or official source we checked.

Delaware rules at a glance

The statewide rules we verified for Delaware, last checked October 2026. Local ordinances can add to them.

Security deposit limit
1 month's rent
Deposit return deadline
20 days
Interest on deposits
Not required by state law
Notice before landlord entry
48 hours

Delaware caps security deposits at one month's rent for leases of a year or more, requires return or an itemized list within 20 days after the lease ends, and requires 48 hours' notice before landlord entry.

Sources

Last checked

Witnesses
2 witnesses
Self-proving affidavit
Allowed
Handwritten (holographic) wills
Not recognized

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.

Notarization
Required
Witnesses
1 witness
Uniform Power of Attorney Act
Not adopted

Delaware requires a durable personal power of attorney to be in writing, dated, and signed in the presence of a notarial officer and one adult witness who is not related to the principal or entitled to part of the principal's estate.

Notary acknowledgment
Required to record
Witnesses
None
Transfer tax
State tax applies

A Delaware deed must be acknowledged (or proved) to be recorded, no witnesses are required by statute, and a realty transfer tax of up to 4 percent (state plus local) applies, split between grantor and grantee.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.