Delaware Wills Laws
Created by FindLaw's team of legal writers and editors | Last reviewed April 17, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
A will is not as confounding as Hollywood would have you think. Whenever we encounter wills in books, movies, or on TV, the circumstances always seem ominous. But exactly how do wills work? Put simply, a will is a person’s plan for what happens with his or her property after they die.
Of course, none of us want to think about dying ourselves or losing a loved one, but it’s always better to have a plan in place when the inevitable happens. And the First State has strict regulations on the way a will can be created, who can create one, and what it can cover. This is a brief summary of wills laws in Delaware.
Wills Laws
A person's will could dictate anything from how the family business should be run to who gets a prized automobile. Delaware’s will statutes are generally similar to will laws in other states in most respects, and do not recognize oral, or non-written, wills.
Wills Laws in Delaware
Wills statutes in Delaware are highlighted in the chart below.
Code Section | Tit. 12 §201, et seq. |
Age of Testator | 18 years or older and of sound and deposing mind and memory |
Number of Witnesses | Attested and subscribed in testator's presence by two or more credible, generally competent witnesses; need not be signed in presence of witnesses or that witnesses sign in the presence of each other. |
Nuncupative (Oral Wills) | Not mentioned |
Holographic Wills | Not specified |
Note: State laws are constantly changing -- contact a Delaware estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Understanding WillsThe terminology used in Delaware estate planning laws can sound like inscrutable legalese, so the laws can seem confusing when first encountering them. So for clarification:
- The “testator” is the person whose after-death wishes are specified in the will;
- A “nuncupative” or oral will is one that is spoken or otherwise unwritten, and are not legally binding in Delaware; and
- A “holographic” will is a handwritten testament, which is only valid if it is executed by a U.S. Armed Forces serviceperson outside the country and only remains valid for one year.
Delaware Wills Laws: Related Resources
Trying to determine what happens to a person’s possessions after he or she passes away is serious, and creating a will, especially one that accomplishes everything the person intended, can be a daunting task. If you would like legal assistance in creating or interpreting a will, you can contact a Delaware wills attorney. You can also visit FindLaw’s Wills section for more articles and resources on creating and changing a will.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex wills & estate planning situations usually require a lawyer
- A lawyer can reduce the chances of a legal dispute
- DIY is possible in some simple cases
- You can always have an attorney review your form
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.