Will Execution Requirements in Delaware

At a glance

Requirements one by one

Governing law

Delaware's will-execution rules are in the Delaware Code, Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Subchapter I. The core statute is § 202, which sets the writing, signature, and witness requirements; § 201 says who may make a will; § 203 covers who may witness and the effect of an interested witness; § 1305 provides the self-proving affidavit; and § 1306 is the choice-of-law rule. Delaware did not adopt the Uniform Probate Code's execution article. It keeps a traditional two-witness requirement and voids any will that does not comply (§ 202(b)) — but it pairs that strictness with one modern feature: a witness who is also a beneficiary does not lose the gift. Delaware recognizes no general handwritten will, has no harmless-error safety net, and does not allow electronic wills.

Minimum age & capacity

"Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will," and "No person under the age of 18 years shall be capable of making a will" (§ 201). You must be at least 18 — there is no exception for an emancipated or married minor — and of sound and disposing mind and memory. Delaware courts describe that capacity as being able to exercise thought, reflection, and judgment: you must know what you are doing and how you are disposing of your property, and understand the nature and character of the act. Capacity is judged at the moment of execution.

Writing & signature

A Delaware will must be in writing and "signed by the testator or by some person subscribing the testator's name in the testator's presence and by the testator's express direction" (§ 202(a)(1)). If you cannot sign yourself, someone may sign your name for you — but only in your presence and at your express direction, and that person should not also serve as one of your witnesses. There is no rule fixing where the signature must appear.

Witnesses required

A Delaware will must be "attested and subscribed in testator's presence by 2 or more credible witnesses" (§ 202(a)(2)), and a will that does not comply "shall be void" (§ 202(b)). The witnesses have to sign while you are present. Delaware's statute does not spell out a "present at the same time" requirement the way some states do, but the cleanest practice is still to have both witnesses watch you sign and sign themselves right then, in your presence.

On interested witnesses, Delaware uses the modern no-effect rule, which is unusual for a state that otherwise keeps the traditional formalities: "A will or any provision thereof is not invalid because the will is signed by an interested person" (§ 203(b)). A beneficiary who also serves as a witness keeps the gift, and the will stands. Any person "generally competent to be a witness" may witness (§ 203(a)). Using disinterested witnesses is still good practice because it removes an argument for undue influence, but in Delaware it is not required to protect the gift.

Notarization & self-proving

A Delaware will does not have to be notarized to be valid — a notary is not one of the two required witnesses. What a notary supports is the self-proving affidavit under § 1305, which the testator and witnesses may sign at the time of execution or at any later date, before an officer authorized to administer oaths, attached to the will. A self-proved will can be admitted to probate without bringing the witnesses back to testify.

Handwritten (holographic) wills

Delaware does not recognize a holographic will. A handwritten will still needs two credible witnesses under § 202, exactly like a typed one, and § 202(b) makes an unwitnessed will "void." Be careful with general guides: some describe a handwritten Delaware will as "holographic," but they mean a handwritten will that still meets the two-witness requirement — not the unwitnessed handwritten will that some other states accept. An unwitnessed handwritten will fails in Delaware, though a handwritten will that was valid where it was made may still be honored here under § 1306.

Electronic & remote wills

Delaware does not permit electronic wills. It has not enacted the Uniform Electronic Wills Act or any electronic-wills statute, so § 202's requirement of a physical signed writing attested by two witnesses in the testator's presence still controls. A will that exists only as a computer file, that was "signed" by typing a name, or that was witnessed only over video is not a valid Delaware will.

Harmless-error / curative doctrine

Delaware has no harmless-error rule, and its execution requirements are strict. Section 202(b) states plainly that a will not complying with the writing, signature, and two-witness requirements "shall be void." Delaware never enacted a substantial-compliance or harmless-error statute, so a will that fails a formality — a will signed by only one witness, for example — cannot be rescued in probate by showing the testator clearly meant it as their will. A self-proving affidavit under § 1305 makes probate easier, but it presumes the will was properly executed; it cannot cure a missing formality.

What trips people up

A handwritten will still needs two witnesses. Delaware does not accept unwitnessed holographic wills (§ 202), and § 202(b) voids a will that misses the two-witness requirement. Do not rely on a handwritten note; sign a written will in front of two credible witnesses who sign in your presence.

A beneficiary may witness — but two disinterested witnesses are still safer. Delaware is unusual in that an interested witness does not lose the gift (§ 203(b)). Even so, using two witnesses who get nothing under the will removes an obvious argument for undue influence if the will is ever challenged.

Notarizing a will is not the same as witnessing it. A notary is not a witness. Notarization only matters for the self-proving affidavit under § 1305, which makes probate easier; the will itself still needs two credible witnesses.

There is no harmless-error fix. Because § 202(b) voids a noncompliant will and Delaware has no harmless-error rule, a signing mistake generally cannot be excused later. Get the two witnesses and the signatures right at the time you sign.

Common questions

Does my Delaware will have to be notarized? No. Delaware requires two credible witnesses, not a notary (§ 202). A notarized self-proving affidavit under § 1305 only makes probate smoother; it is not required for the will to be valid.

Can I handwrite my own will without witnesses? No. Delaware does not recognize unwitnessed holographic wills — a handwritten will still needs two witnesses (§ 202), and an unwitnessed will is void (§ 202(b)).

Can my spouse or a beneficiary witness my Delaware will? Yes, and it will not void the will or the gift — Delaware provides that a will is not invalid because an interested person signed it (§ 203(b)). Still, two disinterested witnesses are the safer choice.

Can I sign my Delaware will online or over video? No. Delaware has not adopted electronic wills, so a will must be a physical signed writing witnessed in person by two credible witnesses (§ 202). Signing electronically or witnessing by video does not make a valid Delaware will.

Statutes and sources

• 12 Del. C. § 201 — who may make a will: any person 18 or older of sound and disposing mind and memory; no one under 18. https://delcode.delaware.gov/title12/c002/sc01/index.html (accessed 2026-07-11)
• 12 Del. C. § 202 — execution: writing, testator's signature (or a proxy in the testator's presence and by express direction), and two or more credible witnesses who attest and subscribe in the testator's presence; a noncompliant will is void. https://delcode.delaware.gov/title12/c002/sc01/index.html (accessed 2026-07-11)
• 12 Del. C. § 203 — witnesses: any generally competent person may witness; a will is not invalid because signed by an interested person (the gift is not lost). https://delcode.delaware.gov/title12/c002/sc01/index.html (accessed 2026-07-11)
• 12 Del. C. § 1305 — self-proving affidavit: an attested will may be made self-proved at execution or later before an officer authorized to administer oaths. https://delcode.delaware.gov/title12/c013/index.html (accessed 2026-07-11)
• 12 Del. C. § 1306 — choice of law: a written will is valid if executed in compliance with § 202, or with the law of the place of execution, or of the testator's domicile. https://delcode.delaware.gov/title12/c013/index.html (accessed 2026-07-11)