What the rule says
Delaware requires specific formalities for a valid will. Under Del. Code tit. 12, § 202, a valid Delaware will must satisfy:
1. A writing. 2. The testator's signature. 3. Two credible witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills not recognized
Delaware does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
Delaware recognizes self-proving affidavits under Del. Code tit. 12, § 1305.
What you can do about it
For a Delaware will execution:
- Have the testator and at least two credible witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents.
Who this affects most
Delaware's execution requirements are most consequential for anyone executing a will in Delaware and out-of-state residents who relocated with handwritten unwitnessed wills.