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Delaware Last Will and Testament

A Delaware Last Will and Testament (a "Will") is a legal document that lays out your wishes in relation to property distribution after death, such as who will inherit your home, personal belongings,... Read more

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Making a Last Will and Testament in Delaware

  • What is a Delaware Last Will and Testament?

    A Delaware Last Will and Testament (a "Will") is a legal document that lays out your wishes in relation to property distribution after death, such as who will inherit your home, personal belongings, or money.

    The person making a Will is called the "testator," and the individual or entity being appointed to handle the testator's estate after death is known as the "executor." Designed for Delaware residents, this free Last Will and Testament is made for use in New Castle County, Sussex County, Kent County, and in every other part of the state. Each Delaware Will from Rocket Lawyer can be completely customized to address your particular circumstances. With this official document on hand, your executor(s) will have a record of your decisions.

  • How do I write a Will in Delaware?

    It is very easy to document your preferences with a free Delaware Last Will and Testament template from Rocket Lawyer:

    1. Make your Will - Answer a few simple questions, and we will do the rest
    2. Send or share - Review your wishes with a lawyer, if desired
    3. Sign and make it legal - Optional or not, having two disinterested witnesses is encouraged

    This route is often notably less expensive than finding and hiring the average provider. If needed, you may start this Last Will and Testament on behalf of an elderly parent, a spouse, or another family member, and then help them sign once you've drafted it. Please keep in mind that for this document to be considered valid, the testator must be mentally competent when they sign. In the event that the testator has already been declared incompetent, a conservatorship generally will be necessary. When managing such a situation, it's important for you to speak to an attorney.

  • Why should I make a Will?

    Everyone over 18 years old should have a Last Will and Testament in place. Although it may be unpleasant to think about, your loved ones will need to know your preferences in relation to guardianship (when applicable), your assets, and/or property when you pass away. Here are a few typical circumstances where you might find it helpful to make or update your Will:

    • You own a home or other property
    • You have new beneficiaries, such as a child
    • You are getting older or have declining health
    • You have experienced a change in marital status

    Regardless of whether your Delaware Last Will and Testament is being made in response to a recent change in your life or as part of a long-term plan, witnesses and notarization can help to protect your document if a third party questions its authenticity.

  • Should I hire a lawyer for my Will in Delaware?

    Writing a Will is usually simple to do, but you may still have questions. Getting an attorney to provide feedback on your document can take longer than you'd expect on your own. Another approach would be to request help from attorney services at Rocket Lawyer. Rocket Lawyer Premium members have the ability to ask for feedback from an attorney with relevant experience or send additional legal questions. As always, you can live confidently with Rocket Lawyer by your side.

  • What might I normally pay for a lawyer to help me make a Will in Delaware?

    The cost of hiring and working with a conventional attorney to make a Last Will and Testament might be between two hundred and one thousand dollars. When using Rocket Lawyer, you aren't just filling out a Last Will and Testament template. In case you ever need support from a lawyer, your Premium membership provides up to a 40% discount when you hire an attorney from our network.

  • What needs to happen after writing a Delaware Last Will and Testament?

    Upon completing your document on Rocket Lawyer, you'll have the ability to retrieve it at any time and place. As a Rocket Lawyer member, you will be able to make edits, save it as a Word document or PDF file, or sign it. Attached alongside each Delaware Will, there will be a list of directions for what you can do next. Even if you decide to make copies, take care to store the original signed document in a safe place. It is critical that someone you trust knows where to find it after you have passed.

  • Does a Last Will and Testament need to be notarized or witnessed in Delaware?

    The guidelines governing Wills are different by state; however, in Delaware, your Will needs the signatures of two witnesses. As a basic standard, witnesses will need to be mentally competent individuals. Furthermore, it is recommended that your Last Will and Testament be acknowledged by a notary public to emphasize the validity of the document.

    See legal references for a Will in Delaware: Title 12, Ch. 2

  • Does a Last Will and Testament need to be filed in Delaware?

    A Will does not need to be filed until the testator has passed away. In Delaware, a Last Will and Testament must be filed with the probate court within 10 days of the testator's death. Filing a Last Will (along with any specific forms required by the county) initiates the probate process.

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