Personal Property Memorandum - Delaware

PERSONAL PROPERTY MEMORANDUM

State of Delaware

Table of Contents

1. Declarant Identification
2. Reference to Last Will and Testament
3. Statutory Authority
4. Distribution of Tangible Personal Property
5. Special Instructions
6. General Provisions
7. Instructions for Future Changes
8. Execution
9. Sources and References

1. DECLARANT IDENTIFICATION

I, [FULL LEGAL NAME], currently residing at [STREET ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP CODE], being of sound mind and acting voluntarily, do hereby prepare this Personal Property Memorandum as authorized by 12 Del. Code § 212.

Date of Birth: [__/__/____]

2. REFERENCE TO LAST WILL AND TESTAMENT

This Memorandum is prepared in connection with my Last Will and Testament dated [__/__/____], which contains a provision referring to this or a similar writing for the disposition of tangible personal property. My will includes the following or substantially similar language:

"I may leave a written statement or list concerning items of tangible personal property not otherwise specifically disposed of by this Will. A writing that satisfies 12 Del. Code § 212 is admissible as evidence of my intended disposition."

3. STATUTORY AUTHORITY

This Memorandum is authorized by 12 Del. Code § 212, which provides that a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business. To be admissible as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator, identify the items and legatees with reasonable certainty, and not conflict with the will. A conflict with another § 212 writing is resolved by the latest dated writing; do not rely on an undated conflicting writing.

Property NOT covered by this Memorandum:

• ☐ Money or currency
• ☐ Evidences of indebtedness
• ☐ Documents of title
• ☐ Securities (stocks, bonds, etc.)
• ☐ Property used in trade or business
• ☐ Real property

4. DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY

I direct that the following items of tangible personal property be distributed to the persons named below. If a named recipient does not survive me, the item shall pass to the alternate recipient, if any, or otherwise as provided in my will.

Jewelry and Watches

Art, Antiques, and Collectibles

Furniture and Household Items

Vehicles and Watercraft

Electronics and Equipment

Firearms

Collections (Books, Coins, Stamps, Memorabilia, etc.)

Family Heirlooms and Sentimental Items

Additional Items

5. SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]

6. GENERAL PROVISIONS

Property Not Listed: Any tangible personal property not listed in this Memorandum shall be distributed according to the terms of my Last Will and Testament.

Survival Requirement: Unless otherwise stated above, a recipient must survive me to receive the designated property.

Disputes: My Personal Representative shall administer this Memorandum with my will and applicable law. This Memorandum does not make the Personal Representative's decision final and binding in a dispute about an item or recipient.

No Monetary or Intangible Gifts: This Memorandum does not and cannot make gifts of money, securities, real property, or other intangible property.

7. INSTRUCTIONS FOR FUTURE CHANGES

Under 12 Del. Code § 212, this Memorandum may be altered at any time without executing a new will or codicil. To make changes:

• ☐ You may prepare an entirely new memorandum (recommended)
• ☐ Sign and date any revised memorandum (or write it entirely in your handwriting); identify each item and recipient with reasonable certainty
• ☐ Check the revision against your will; an inconsistent disposition is not admissible under § 212
• ☐ If multiple memoranda conflict, use a later dated writing; an undated conflicting writing does not receive the statute's latest-date priority
• ☐ Keep this memorandum with your will or in a known, accessible location

8. EXECUTION

I sign this Personal Property Memorandum on the date indicated below.

Declarant:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Witnesses (not required by statute; recommended):

Witness 1:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

9. SOURCES AND REFERENCES

• 12 Del. Code § 212 — Bequest of tangible personal property by separate writing
• 12 Del. Code § 201 — Who may make a will
• Delaware Courts: https://courts.delaware.gov

This template is provided for informational and educational purposes only. It does not constitute legal advice. Consult a licensed Delaware attorney before executing this document. Last updated: 2026-09-30.