
Delaware Advance Directive
Delaware replaced its advance directive chapter in September 2025. One adult witness signs it, no notary, and nine classes may speak.
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Delaware replaced its advance directive chapter in September 2025. One adult witness signs it, no notary, and nine classes may speak.

Delaware grants ancillary letters in any county, and 12 Del. C. § 1562 can release a nonresident's personal property with no local estate.

Delaware bars claims 8 months after the death, whether or not notice was published, and each Register of Wills charges its own fee.

Delaware pays the spouse's $7,500 allowance before the funeral bill, and administration costs before both. The full order of preference.

Delaware never adopted the revised uniform act. 12 Del. C. ch. 50 gives a fiduciary the same access the account holder had.

Delaware estate planning runs on four documents. The will takes two witnesses, the power of attorney a notary and a witness.

Delaware repealed its estate tax for deaths after 2017. A $10 affidavit outlived it, and the federal return starts above $15,000,000.

Delaware executor duties on the statute's clocks: qualify with the Register of Wills, file the inventory in 3 months, then the 8-month bar.

Delaware runs guardianship through two courts. What the Court of Chancery must find, the papers that avoid a petition, and what a case costs.

Who inherits without a will in Delaware: the 12 Del. C. § 502 spouse share, the life estate in the real estate, and the 120-hour rule in § 504.
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