Delaware Last Will and Testament - Delaware Inheritance Law

Make a Valid Will for your Family today! Learn the Facts and get the Will you need. Options: Download, Mail, Preparation.

Wills for married, singles, widows or divorced persons, with or without children. Also Mutual Wills for Married persons or persons living together. All Will forms may be downloaded in electronic Word or Rich Text format or you may order the form to be sent by regular mail. Wills include State Specific forms and Instructions. After you select the Will for your situation below, you may also view a free law summary for your State. We offer the same forms used by attorneys. That's why so many attorneys use USLF for their form needs.

Generic - Will Forms and Instructions Last Will And Testament Form Delaware

Use this Will if none of the other Will forms fit your situation. This Will can be used by any person.

Related Packages Delaware Legal Wills

Personal Planning Package

Personal Planning Package


The documents in this package includes a Will, Living Will, Power Of Attorney and other Forms.
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Mutual Wills Package

Mutual Wills Package


This package includes mirror wills for you and your spouse. (Also available in Last Will package above.)
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Top Questions about Delaware Will

  • What are the inheritance laws in Delaware?

    Delaware inheritance laws dictate how your assets are distributed if you don't have a valid will. If you have a Delaware Last Will and Testament, your wishes will be followed. In the absence of a will, your estate will be divided according to Delaware's intestacy laws, which prioritize spouses, children, and other relatives. It's advisable to stay informed and ensure your will reflects your desires.

  • Does a living will need to be notarized in Delaware?

    In Delaware, a living will does not need to be notarized, but it must be signed by the individual and witnessed by two individuals. Having a notary may simplify potential disputes in the future, as it adds an additional layer of authenticity. For peace of mind, consider using resources like US Legal Forms to create both your living will and Delaware Last Will and Testament efficiently.

  • Does Delaware require a will to be notarized?

    In Delaware, a will does not need to be notarized to be valid, provided it is signed by the testator and witnessed by at least two individuals. However, having a Delaware Last Will and Testament notarized can offer extra peace of mind and help streamline the probate process. It's a good practice to consult with an attorney to ensure your will meets all necessary legal requirements.

  • Can I write my own will in Delaware?

    Yes, you can write your own will in Delaware, and it can be a straightforward process. However, it is essential to ensure that it meets all legal requirements. You might want to consider using resources from uslegalforms to create a comprehensive Delaware Last Will and Testament that reflects your wishes and protects your loved ones.

  • What makes a will suspicious?

    A will may seem suspicious if it has significant changes made shortly before the person's death or if it contradicts prior wills. Additionally, if a will is not signed and witnessed properly, it may raise questions of legitimacy. Utilizing a trusted platform, like uslegalforms, can help you create a clear and valid Delaware Last Will and Testament.

  • What is the biggest mistake in a will?

    One of the biggest mistakes in a will is failing to update it as circumstances change. This might include changes in family dynamics, such as births, deaths, or divorces, and changes in financial situations. An outdated Delaware Last Will and Testament can lead to unintended distributions and family disputes.

  • Does a will in Delaware need to be notarized?

    In Delaware, a will does not need to be notarized to be legally valid; however, having a notarized will can simplify the probate process. A simple, properly signed Delaware Last Will and Testament, witnessed by at least two individuals, is sufficient. Ensuring your will meets legal requirements can make the difference in its acceptance.

  • What are the most common grounds for contesting a will?

    Contesting a will can happen for several reasons. Common grounds include lack of proper witness signatures, undue influence, and lack of testamentary capacity. If someone believes that the Delaware Last Will and Testament does not reflect the true wishes of the deceased, they may have grounds to challenge it.

  • Do you need a lawyer to make a will in Delaware?

    You do not necessarily need a lawyer to create a Delaware Last Will and Testament, as individuals can draft their own wills. However, consulting an attorney can provide significant benefits, such as ensuring your will meets all legal requirements and addresses unique family needs. Online platforms like US Legal Forms offer user-friendly resources and templates, allowing you to prepare your will with confidence, whether you choose to do it yourself or seek professional guidance.

  • Does a will in MN have to be notarized?

    In Minnesota, a will generally does not need to be notarized to be valid; it simply requires the signatures of two witnesses. However, creating a Delaware Last Will and Testament that is notarized adds an extra layer of assurance, especially if disputes arise during probate. Notarization can help confirm that the will reflects your true intentions and that you were in a sound state of mind at the time of signing.

Tips for Preparing Delaware Last Will and Testament

  1. The content of your will isn’t a final version. Regardless of what changes you experience throughout your life, be it marriage, breakup, loss of a family member, or health problems, you can always make adjustments to the last will and testament you drafted and approved. How you need to do that is defined by the legislation of each state.
  2. Some states impose an inheritance tax. This is something you want to consider before preparing Delaware Last Will and Testament to prevent any legal charges from the Internal Revenue Service in the future. Exactly how much recipients need to pay out in estate or inheritance tax is determined the state you live in.
  3. Your expectations outlined in the document might be contested. When preparing Delaware Last Will and Testament, consider the following scenario: if the beneficiaries that you refer to in your legal will think that you disinherited them or assume that you've been tricked into creating it, they might contest it with the court. Other widely popular grounds for contesting a will are an incorrectly carried out document or the incapacitation of the testator.
  4. Go over intestacy laws and regulations before drafting a will. Intestacy signifies dying without leaving a will. This is when the court takes over inheritance issues after your passing away. If the share of assets by your state laws meets your needs, then you can put off or not make it at all. Nevertheless, to avoid any risks associated with a family feud or major arguments, it's very recommended to draft a will. You can do it and get the needed Delaware Last Will and Testament online using US Legal Forms, one of the largest libraries of professionally drafted and regularly updated state-specific legal paperwork.