Simple Will - Delaware
Before signing: This Will is designed for the testator to sign with two credible witnesses present. Under 12 Del. C. § 202(a), the will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's express direction), and attested and subscribed by two credible witnesses in the testator's presence. The statute does not require the testator to sign in the witnesses' presence. Complete the choices and beneficiary names before signing. The self-proving affidavit is optional and requires the testator and witnesses to appear before an authorized officer (12 Del. C. § 1305).
LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]
I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS, COUNTY, DELAWARE], being at least 18 years old and of sound and disposing mind and memory, make this my Last Will and Testament.
1. Prior wills
I revoke my prior wills and codicils. This Will states my current directions for property passing under it.
2. Family information
Spouse or domestic partner, if any: [FULL NAME / NONE]
Children, if any: [FULL NAMES, INCLUDING ADOPTED CHILDREN / NONE]
Others I wish to identify: [FULL NAMES AND RELATIONSHIPS / NONE]
3. Personal representative
I nominate [PRIMARY NAME, ADDRESS] as executor of my estate. If that person cannot or will not serve, I nominate [ALTERNATE NAME, ADDRESS]. My executor may take actions authorized by applicable law and any probate order to administer my estate.
4. Specific gifts
I give the following property to the named recipients if they survive me. If a recipient does not survive me and no alternate is stated, that gift becomes part of my residuary estate. Add any continuation sheets before signing this Will, and have the witnesses sign the completed instrument.
| Item | Gift (describe property or exact amount) | Primary recipient and address | Alternate recipient, if any |
|---|---|---|---|
| 1 | [________________] | [________________] | [________________ / NONE] |
| 2 | [________________] | [________________] | [________________ / NONE] |
| 3 | [________________] | [________________] | [________________ / NONE] |
5. Residuary estate
After payment of enforceable debts, administration expenses, and the gifts above, I give the remainder of my estate as follows (complete one choice):
☐ One recipient: To [FULL NAME, ADDRESS], if that person survives me; otherwise to [ALTERNATE FULL NAME, ADDRESS].
☐ Several recipients: To the following people in the percentages shown. The percentages must total 100%. For any recipient who does not survive me, that recipient's share shall pass to [NAME OF ALTERNATE OR DIRECTION FOR THAT SHARE].
| Recipient and address | Share |
|---|---|
| [________________] | [____]% |
| [________________] | [____]% |
| [________________] | [____]% |
| Total | 100% |
6. Guardian preference, if applicable
If a minor child of mine needs a guardian after my death, I request that [PRIMARY NAME, ADDRESS] be considered for appointment. If that person cannot serve, I request [ALTERNATE NAME, ADDRESS]. This expresses my preference for the person or court making the appointment.
7. Signature and witnesses
I sign this Will voluntarily on [__/__/____] in [CITY, COUNTY, DELAWARE], and declare it to be my Last Will and Testament in the presence of the undersigned witnesses.
Testator signature: ______________________________
Printed name: [TESTATOR FULL LEGAL NAME]
We, the undersigned witnesses, attest that the testator signed this Will in our presence, declared it to be the testator's Will, and that we each signed it in the testator's presence. To the best of our knowledge, the testator was at least 18 years old and of sound mind.
| Witness | Signature | Printed name and address | Date |
|---|---|---|---|
| Witness 1 | ____________________ | [________________] | [__/__/____] |
| Witness 2 | ____________________ | [________________] | [__/__/____] |
8. Optional self-proving affidavit
State of Delaware, County of [________________]
Before me, the undersigned officer authorized to administer oaths, personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known or proved to me to be the testator and witnesses whose names are signed above. After being duly sworn or affirmed, the testator acknowledged this Will and declared that the testator willingly signed it as a free and voluntary act. Each witness stated in the presence and hearing of the testator that the witness signed as a witness and, to the best of the witness's knowledge, the testator was at least 18 years old, of sound mind, and under no constraint or undue influence.
Testator: ______________________________
Witness 1: ______________________________
Witness 2: ______________________________
Subscribed, sworn, and acknowledged before me by the testator, and subscribed and sworn before me by the witnesses, on [__/__/____].
Officer signature: ______________________________
Official capacity: [________________] Commission expiration: [__/__/____]
Official seal: [PLACE SEAL]
Sources and references
About this template
- Last updated
- October 24, 2026
- Citations checked
- September 30, 2026
- Jurisdiction
- Delaware
- Category
- Estate Planning & Wills
Legal authority
- 12 Del. C. § 201 (capacity to make a will)
- 12 Del. C. § 202 (Delaware witnessed execution route)
- 12 Del. C. § 203 (witness competency)
- 12 Del. C. § 208 (alteration and revocation of a will)
- 12 Del. C. § 1305 (optional self-proof)
- 12 Del. C. § 1310 (effect of self-proof at probate)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 30, 2026.
12 Del. C. § 201 (checked September 30, 2026): "Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate."
12 Del. C. § 202(a) (checked September 30, 2026): "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; and"
12 Del. C. § 202(a)(2) (checked September 30, 2026): "attested and subscribed in testator’s presence by 2 or more credible witnesses."
12 Del. C. § 203 (checked September 30, 2026): "A will or any provision thereof is not invalid because the will is signed by an interested person."
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