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The priority of inheritance Spouses and children typically take precedence, with the surviving spouse inheriting a significant portion and children sharing the remainder. If the deceased has no surviving spouse or children, the hierarchy extends to parents, siblings and other relatives.

The maker must be at least 18 years of age and of sound and disposing mind and memory; 2. The Will must be in writing. A Will written entirely in the Testator's handwriting (a Holographic Will) is valid in Delaware if the other requirements are met.

The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...

Whenever there is a death in New Castle County, an estate must be probated if: The decedent had more than $30,000 in personal property in his/her name alone, or. The decedent owned Delaware real estate in his/her name alone, either solely held or as a tenant in common.

First, you need to wait 30 days from the date of death. After that period, you may come into the Register of Wills office to petition for the small estate affidavit. You will need to bring a CERTIFIED copy of the death certificate and your picture I.D. (preferably a valid driver's license).

Handwritten Will: A handwritten or holographic will is a will that the testator writes in their own handwriting but does not have any witnesses or notary attesting to their signature. Under Delaware law, a will handwritten and signed by the testator in front of two witnesses may be acceptable.

No, in Delaware, you do not need to notarize your will to make it legal. However, Delaware allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

In Delaware, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Spouses in Delaware Inheritance Law If you pass with both a surviving spouse and children, your spouse gets the first $50,000 of your estate, plus ½ of the balance. They also get the right to use any intestate real estate for life. Your children inherit everything else.