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No, you are not required to use a lawyer to make a Will in Delaware. There are some situations, like a complex estate or difficult family relationships, where it may be beneficial to consult a lawyer.
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 Will must be witnessed by two or more credible adult witnesses in whose presence the maker signed the Will. (In Delaware a beneficiary to the Will may be a witness although in some states this is not allowed.) 5. Notarization of all signatures is optional, but recommended (see p.
Steps to Create a Will in Delaware Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
Delaware explicitly allows living wills, called advance directives under Delaware law. Do you need a last will and testament? Although a last will and testament are not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased's assets.
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).
The will must be in writing. The Testator (or someone directed by and in the presence of the Testator) must sign the will. The will must be signed by two credible witnesses in the presence of the Testator. The state of Delaware does not allow digital-only wills.