Every Delaware resident deserves a will — but most people put it off because they assume it's expensive or complicated. In 2026, creating a legally valid will in Delaware takes less than an hour and costs as little as $69 online, compared to $400–$900 for a traditional attorney. Here's everything you need to know about Delaware's will requirements and the best online services for DE residents.
Delaware requires your will to be signed by you and two adult witnesses who watch you sign and then sign themselves. Note: Delaware does not recognize handwritten (holographic) wills without witnesses. Once signed, your will is legally valid in Delaware and can be submitted to probate when the time comes. Read on for our top picks and a complete guide to Delaware will law.
We evaluated each service on Delaware legal compliance, ease of use, document completeness, and value. Here are our top three recommendations for Delaware residents in 2026:
Delaware will law governs what makes a will legally valid in the state. Understanding these requirements ensures your will won't be challenged or invalidated during probate. Here's a complete breakdown:
| Requirement | Delaware Rule |
|---|---|
| Testator Age | 18 years or older (or legally emancipated minor) |
| Mental Capacity | Must be of "sound mind" — understand the nature of a will, your assets, and your heirs |
| Signature | Must be signed by the testator (you) at the end of the will |
| Witnesses Required | 2 competent adult witnesses who sign in your presence |
| Witness Restrictions | Witnesses should not be beneficiaries of the will (to avoid conflicts of interest) |
| Notarization | Not required, but a notarized "self-proving affidavit" simplifies probate |
| Holographic Wills | ❌ Not recognized — standard witnessed will required |
Delaware does not recognize holographic wills. A valid Delaware will must be signed in front of two witnesses.
Notarization: Not required, but Delaware allows a 'self-proving affidavit' — signing before a notary makes probate easier by eliminating the need for witnesses to testify after death. The self-proving affidavit is signed at the same time as the will and is strongly recommended for Delaware residents — it prevents the need for witnesses to appear in court after your death to verify the will's authenticity.
A properly executed Delaware will can address all of the following:
Delaware has no state sales tax and a relatively favorable estate tax environment. The state's Court of Chancery is one of the most respected business law courts in the country. After your death, your executor files the will with the appropriate court. The probate process validates the will, pays debts and taxes, and oversees distribution of assets to your beneficiaries. Having a properly signed and witnessed will significantly streamlines this process.
Creating a will through an online service is a smart choice for most Delaware residents — here's why:
A traditional estate planning attorney in Delaware typically charges $400–$900 for a basic will package. Online services like Trust & Will start at $69 for a complete estate plan — a savings of $300 to $1,000 or more. The legal quality is comparable: online services use attorney-reviewed templates specifically designed for Delaware requirements.
Online will makers guide you through every section with plain-English prompts. Most Delaware residents complete their entire estate plan — will, healthcare directive, and power of attorney — in 45 to 60 minutes from home, without scheduling appointments or taking time off work.
Reputable services like Trust & Will and LegalZoom use document templates reviewed by licensed Delaware attorneys. These templates automatically apply Delaware's current legal requirements — witness rules, signature placement, and required language — so you don't need legal expertise to create a valid document.
Life changes — marriage, divorce, new children, major asset changes. Online will makers make it easy to update your documents. Trust & Will offers unlimited free updates; LegalZoom and LawDepot also provide update options. Review your will after any major life event to ensure it still reflects your wishes.
Online will makers are ideal for straightforward estates. Consider hiring a Delaware estate planning attorney if you have:
Start your Delaware-compliant will in under an hour. Attorney-reviewed templates, state-specific forms, and complete estate planning from $69.
Start Your Delaware Will at Trust & Will →