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Delaware Will

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CODICIL TO LAST WILL AND TESTAMENT

TO

I, , of County, Delaware, declare this as a Codicil to my Will dated . This Codicil amends or supplements my Will only as provided herein. Except as amended or supplemented, my Will shall remain in full force and effect.

[All Articles are examples only. Only type changes to be made to will or additions thereto]

ARTICLE I.

I devise and bequeath to my .

ARTICLE II.

I revoke the prior devise and bequest of to , my .

ARTICLE III.

I have another child named, , and amend Article to add said child as an additional beneficiary of the trust specified therein.

ARTICLE V.

I amend my will to appoint , or if the appointee fails to qualify or cease to act, I appoint , as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during the administration of the Trust as are granted to Trustees under the laws of the State of Delaware including the power to sell any of the real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order.

ARTICLE VI.

In the event that my , , dies without having made just provision for the care and custody of our minor children, I appoint , as Guardian(s) of said minor children.

ARTICLE VII.

I amend my will to appoint , as executor/executrix/personal representative of my Will, or if the appointee fails to qualify or ceases to act, I appoint both to serve without bond, inventory, appraisal or accounting to any Court and to have all the powers during the administration of my estate as are granted to Trustees under the laws of the State of Delaware or any other law including the power to sell any of my real or personal property at public auction or private sale, for cash or on credit, or to mortgage it or to lease it, all to be exercised without Court order.

I, , having signed this Codicil in the presence of and who attested it at my request on this the day of , 20.

MAKER/TESTATOR

The above and foregoing Codicil of was declared and attested by in our presence to be Codicil and was signed by the said in our presence and at request and in the presence of and in the presence of each other, we, the undersigned, witnessed and attested the due execution of the Codicil of on this the day of , 20, and Further, that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence and that we, as witnesses, are not interested or an heir of the estate of .

WITNESS

ADDRESS:

WITNESS

ADDRESS:

CERTIFICATE

STATE OF DELAWARE

COUNTY OF

Before me, the subscriber, on this day personally appeared, , and , known to me to be the testator/testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and all of these persons being by me first duly sworn, the testator/testatrix, declared to me and to the witnesses in my presence that the instrument is the testator/testatrix’s last will and that he or she had willingly signed it, and that the testator/testatrix executed it as a free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator/testatrix, that the witnesses signed the will as witness and that to the best of the witness’ knowledge the testator/testatrix was eighteen years of age or over, of sound mind and under no constraint or undue influence.

Testator/Testatrix

Typed Name:

Witness

Witness

Subscribed, sworn and acknowledged before me by , the testator/testatrix, subscribed and sworn before me by , and witnesses, this day of , 20 A.D.

(SEAL)

(SIGNED)

(OFFICIAL CAPACITY OF OFFICER)

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What a Delaware Will Covers

A Delaware Will is a formal testamentary document that directs how a person's assets are distributed after death, names an executor to administer the estate, and can appoint guardians for minor children. It records testamentary intent, specifies beneficiaries and gifts, and may create testamentary trusts or conditions. Proper execution — including the testator's signature and required witness or notarization steps — affects whether the will is admitted to probate in Delaware courts and can reduce grounds for contests or delays in estate administration.

Why a Clear, Properly Executed Will Matters

A valid Delaware Will reduces uncertainty at death by naming an executor, directing asset distribution, and minimizing intestacy risk. It can reduce probate friction, make guardianship wishes enforceable, and provide a foundation for tax or trust planning when executed under state rules.

Why a Clear, Properly Executed Will Matters

Who Typically Prepares or Relies on a Delaware Will

Prepare a Delaware Will when you own assets in the state or when you prefer Delaware law to control interpretation and probate administration.

  • Individuals with children, real property, or complex estates who want clear distribution instructions.
  • Executors, personal representatives, and fiduciaries tasked with probate administration and asset distribution.
  • Attorneys preparing testamentary documents as part of broader estate or trust planning.

Core Sections to Include in a Professional Delaware Will

A well-drafted Delaware Will contains discrete, clearly labeled provisions addressing gifts, administration, fiduciary appointments, and contingencies to reduce ambiguity during probate.

Testamentary Gifts

Describe specific bequests of cash, property, or personal items with enough detail to identify each item and beneficiary to avoid disputes.

Executor Appointment

Name an executor and alternate(s), specify powers and bond waivers, and include successor appointment language for continuity of administration.

Guardianship

If you have minor children, appoint a guardian and an alternate, and provide access and care preferences to guide the probate court.

Residuary Clause

Include a residuary clause to dispose of remaining assets after specific gifts, preventing partial intestacy if listed property is unavailable.

Trust Provisions

Create testamentary trusts, name trustees, set distribution standards and durations, and provide pour-over language to existing revocable trusts if applicable.

No-Contest Clause

Consider a no-contest clause to discourage frivolous challenges, balanced against state enforceability rules and potential narrow exceptions.

Essential Information to Provide

Full Legal Name: Exact name on ID
Address: Street, city, state, ZIP
Date of Birth: MM/DD/YYYY
Marital Status: Single, married, divorced
Asset Summary: Key properties and accounts
Beneficiary IDs: Names and contact info

Step-by-Step: Preparing and Executing a Delaware Will

Follow these practical steps to prepare, execute, and preserve a Delaware Will that the probate court can admit with minimal challenge.

  • 01
    Gather Documents: Collect asset lists, titles, account numbers, and ID documents.
  • 02
    Draft Will: Use clear language or consult an attorney to draft terms.
  • 03
    Sign with Witnesses: Sign in presence of required witnesses; do not sign earlier.
  • 04
    Notarize / Self-Prove: Attach notarized self-proving affidavit if available to simplify probate.

Where the Executed Will Goes Next

After execution, route the will to custodial parties and prepare for probate submission as needed; keep originals secure and share copies appropriately.

  • Custodial Copy: Leave the original with a trusted custodian or attorney for safekeeping.
  • Executor Access: Provide the named executor with instruction on locating the original at death.
  • Probate Court: File the original with the Delaware probate court when opening probate after death.
  • Attorney File: Give a copy to your estate attorney; retain the original unless advised otherwise.

Consequences of an Incorrect or Improperly Executed Will

Invalid Execution: Will may be rejected
Intestacy: State law distributes estate
Probate Delays: Administration time increases
Will Contests: Higher litigation risk
Tax Exposure: Unexpected estate tax outcomes
Creditor Claims: Claims may reduce inheritances

Common Mistakes When Preparing a Delaware Will

  • Using inconsistent names or nicknames that create ambiguity about beneficiary identity and invite court inquiry or disputes.
  • Failing to observe required witness or notarization steps, which can result in probate refusal or costly court proceedings.
  • Creating unsigned codicils or amendments that lack proper execution formalities and therefore have no legal effect.
  • Neglecting to update beneficiaries after major life events, causing unintended distributions or claims by omitted heirs.

Execution and Authentication Flow: Witnesses, Notary, and Self-Proving Affidavit

Follow this authentication flow to reduce probate friction: sign correctly, witness properly, and attach self-proving documents when possible.

01

Prepare Document

Finalize will text before any signatures or witnessing occur.

02

Arrange Witnesses

Ensure two competent adult witnesses are present as required.

03

Testator Signs

Testator signs in the physical presence of witnesses in correct order.

04

Witness Signatures

Witnesses sign and provide addresses and printed names.

05

Notarial Acknowledgment

If desired, have a notary acknowledge signatures for self-proving affidavit.

06

Self-Proving Affidavit

Execute and notarize an affidavit to make probate testimony unnecessary.

07

Store Original

Place the original in a safe, accessible location for the executor.

08

Provide Copies

Give copies to executor and attorney, mark originals clearly.

Digital Signing and eSubmission Considerations

Electronic handling of a will requires attention to file formats, signer authentication, and record retention to preserve legal effect.

  • File Types: PDF, DOCX, and HTML are commonly supported
  • Integrations: Works with Salesforce, Microsoft 365, NetSuite, Google Workspace
  • Authentication: Email, SMS, or stronger methods available

How to Configure an Online Will Signing Workflow

Configure fields and authentication to replicate in-person witnessing and notarization where permitted and to preserve audit trails for probate.

Field Configuration
Signer Authentication Email + SMS code; consider ID verification where required
Witness Field Separate signature and printed name fields for each witness
Notary Field Notary acknowledgement block and date field
Self-Proving Affidavit Attach notarized affidavit as a separate signed document

eSignature Pricing Comparison to Consider for Will Execution Workflows

Pricing and feature availability vary by vendor; signNow appears first for ease of comparison on core plan and compliance dimensions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan
Bulk Send Yes (plan-dependent) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No

Practical Examples from Organizations Using eSignatures

Real customers describe how electronic workflows simplify document handling while preserving compliance and security for legal documents.

Optica Ventures (COO)

Optica reduced administrative friction when routing legal documents for signature.

  • The interface is simple to use.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties (Founder)

A real estate operator processed estate-related documents remotely for clients and partners.

  • Compliance and mobile access mattered.
  • "I can process and execute all of these documents online with 100% compliance and built-in security."

Frequently Asked Questions About Delaware Wills

Answers to common questions about execution, witnesses, digital handling, revocation, and storage for Delaware Wills.


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