Delaware Estate Planning
Get your own affairs in order in Delaware, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its Delaware guide.
- Will
- Delaware will requirements: two credible witnesses, a will that is void if a step is missed, and an interested witness who costs nothing. Read the guide
- Living trust
- Delaware voids a trust signed without a witness. What 12 Del. C. § 3545 asks for, how funding works, and what a revocable trust here cannot do. Read the guide
- Power of attorney
- A Delaware power of attorney is not durable by default, and § 49A-105 takes a notary, one unrelated witness, a date and a signature. Read the guide
- Healthcare directive
- Delaware replaced its advance directive chapter in September 2025. One adult witness signs it, no notary, and nine classes may speak. Read the guide
Planning to prepare the will with an online service? See what Delaware requires from an online will before you sign anything.
Delaware estate planning guides
Delaware Estate Planning Basics
Delaware estate planning runs on four documents. The will takes two witnesses, the power of attorney a notary and a witness.
Delaware Will Requirements
Delaware will requirements: two credible witnesses, a will that is void if a step is missed, and an interested witness who costs nothing.
Delaware Power of Attorney
A Delaware power of attorney is not durable by default, and § 49A-105 takes a notary, one unrelated witness, a date and a signature.
Delaware Advance Directive
Delaware replaced its advance directive chapter in September 2025. One adult witness signs it, no notary, and nine classes may speak.
Delaware Guardianship Planning
Delaware runs guardianship through two courts. What the Court of Chancery must find, the papers that avoid a petition, and what a case costs.
Delaware Revocable Living Trust
Delaware voids a trust signed without a witness. What 12 Del. C. § 3545 asks for, how funding works, and what a revocable trust here cannot do.
Delaware Trust Administration
Delaware sets no trustee notice deadline. 12 Del. C. § 3303 hands that to the document, and two chapter 35 clocks run regardless.
Delaware Transfer on Death Deed
A Delaware transfer on death deed only works if it is recorded before the owner dies, and it needs 2 witnesses, at least 1 of them not a beneficiary.
Delaware Pet Trusts
12 Del. C. § 3555 validates a Delaware pet trust for animals living at your death. No dollar cap, no 21-year limit, and no court power to trim it.
Delaware Digital Assets After Death
Delaware never adopted the revised uniform act. 12 Del. C. ch. 50 gives a fiduciary the same access the account holder had.
Not sure what you need in Delaware?
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Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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