Is an Online Will Legal in Delaware?

An online will service can produce a valid Delaware will, but only as a document you then print and execute on paper. Delaware requires a writing signed by the testator, or signed for the testator in the testator's presence and by the testator's express direction, and attested and subscribed in the testator's presence by 2 or more credible witnesses (12 Del. C. § 202(a)). A will that does not comply is void under § 202(b), so there is no partial credit. Delaware has no electronic-will statute and its Uniform Electronic Transactions Act excludes wills by name at 6 Del. C. § 12A-103(b)(1), so an electronically signed will and a will witnessed over video both fail. Two Delaware rules make the execution easier than in most states: 12 Del. C. § 203(b) provides that a will is not invalid because it is signed by an interested person, so a witness who is also a beneficiary forfeits nothing, and the self-proving affidavit under § 1305 may be added at execution or at any later date and, since Delaware adopted the Revised Uniform Law on Notarial Acts, may be notarized remotely under 29 Del. C. § 4320 even though the witnessing cannot be.

Published: August 16, 2026Statutes verified: September 10, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Delaware will.

Sign it fully remotely

Paper signing

Whether Delaware recognizes an electronic will executed without an in-person paper signing.

What this means for you

Print it, sign it yourself in front of two adults who watch you sign, and have both of them sign in front of you. Do not sign electronically, do not have anyone witness by video call, and do not have someone sign your name for you unless you are present and expressly direct it. If you want to skip having a witness turn up at the Register of Wills later, add the § 1305 self-proving affidavit before a notary, either at the signing or any time afterwards. Delaware will not save a defective will: 12 Del. C. § 202(b) makes it void rather than merely contestable, and Delaware has no harmless-error or substantial-compliance provision to fall back on.

What Delaware Law Requires

The governing law is 12 Del. C. ch. 2 (Wills) and 12 Del. C. ch. 13 (Probate of Wills). Each rule below links to the official source it was read from.

Scroll the table sideways to see every column. Use the arrow keys when the table is focused.

Requirement	The Delaware rule	Statute
Who can make a will	Age 18 or older, Of sound and disposing mind and memory..	12 Del. C. § 201
Written document	Required.	12 Del. C. § 202(a)(1)
Signature	The testator signs, 12 Del. C. § 202 prescribes no location for the testator's signature. It requires the will to be in writing and signed by the testator, and says nothing about the signature appearing at the foot or end of the instrument.. Another person may subscribe the testator's name, but only in the testator's presence and by the testator's express direction (12 Del. C. § 202(a)(1)). Both conditions are in the statute's own words and both must be satisfied; a signature added outside the testator's presence, or on a general authority rather than an express direction, does not comply, and § 202(b) makes a non-complying will void.	12 Del. C. § 202(a)(1)
Witnesses	2. Attested and subscribed in the testator's presence by 2 or more credible witnesses.	12 Del. C. § 202(a)(2)
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	12 Del. C. § 1305

Signing Day in Delaware

Attested and subscribed in the testator's presence by 2 or more credible witnesses.

12 Del. C. § 202(a)(2) opens with the words 'Subject to § 1306 of this title', and that cross-reference must travel with the rule: § 1306 is the choice-of-law escape hatch under which a will executed under the law of the place of execution, or of the testator's domicile, abode or nationality, is valid in Delaware even if it does not meet § 202. Delaware sets no minimum age for a witness in the wills chapter and no requirement that the witnesses sign in each other's presence: what the statute requires is that they attest and subscribe in the TESTATOR'S presence. § 1304 covers the case where a witness cannot later be found or is dead, incapacitated, in military service or out of state, and lets proof of the witness's handwriting, or ultimately of the testator's own signature, stand in.

The self-proving step worth adding

12 Del. C. § 1305 prints the statutory form: the testator acknowledges the will and each witness swears, in the testator's presence and hearing, that the witness signed as a witness and that to the best of the witness's knowledge the testator was eighteen years of age or over, of sound mind and under no constraint or undue influence. REMOTE NOTARIZATION IS AVAILABLE FOR THE AFFIDAVIT AND CHANGES NOTHING ABOUT THE WILL ITSELF. Delaware adopted the Revised Uniform Law on Notarial Acts at 29 Del. C. ch. 43, subchapter II (29 Del. C. § 4315), applicable to notarial acts performed on or after August 1, 2023 (§ 4340). § 4319 requires personal appearance except as provided in § 4320, and § 4320(b) lets a remotely located individual comply with § 4319 by using communication technology, subject to identity proofing, an audio-visual recording retained at least 10 years, and prior notice to the Secretary of State. § 4320 carries no exclusion for wills. But the notarial act reaches only the ACKNOWLEDGMENT AND AFFIDAVITS, and § 202(a)(2) separately requires the witnesses to attest and subscribe in the TESTATOR'S PRESENCE, which is not a notarial act and which RULONA does not modify. So the affidavit may be notarized remotely while the will is still signed and witnessed in person. Timing: At the time of execution or at any subsequent date..

Choose witnesses carefully

None. Delaware purges nothing.

Shortcuts Delaware Does and Does Not Recognize

Handwritten (holographic) wills

There is no holographic-will provision anywhere in 12 Del. C. ch. 2, and none is needed to reach the answer: § 202(a)(2) requires attestation and subscription by 2 or more credible witnesses, and § 202(b) makes a will that does not comply VOID. An unwitnessed handwritten will made in Delaware therefore fails, however clearly it states the testator's wishes. THE ONE ROUTE BY WHICH A HANDWRITTEN WILL CAN STILL WORK HERE IS § 1306, and it is a choice-of-law rule rather than a holographic-will rule: a written will signed by the testator is valid in Delaware if it was executed in compliance with the law of the place where it was executed, or of the place where at the time of execution or at death the testator was domiciled, had a place of abode or was a national. So a holograph validly made by a resident of a state that allows them does not become invalid on the maker's move to Delaware, while the same document written in Delaware by a Delaware resident is void. Do not compress those two into one sentence. Separately, 12 Del. C. § 212 lets a will refer to a written statement or list disposing of tangible personal property other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business; that list may be in the testator's own handwriting and needs no witnesses, but it is an adjunct to a validly executed will and is not itself a will. (12 Del. C. § 202)

Oral wills

12 Del. C. § 202(a)(1) requires the will to be IN WRITING, and § 202(b) voids anything that does not comply. Chapter 2 was read in full on 2026-09-10 (§§ 201 to 214 and the subchapter II international-will sections 251 to 259) and it contains no nuncupative-will section, no soldiers-and-sailors exception and no last-sickness exception. Delaware has instead gone the other way and adopted the international will at 12 Del. C. §§ 251 to 259, which is a MORE formal instrument requiring an authorised person and a certificate, not a less formal one. (12 Del. C. § 202(a)(1))

Electronic wills

DELAWARE HAS NOT ENACTED THE UNIFORM ELECTRONIC WILLS ACT OR ANY EQUIVALENT, and the negative claim rests on two affirmative sections rather than on an absence alone. First, 12 Del. C. § 202(a)(1) requires a writing and § 202(b) voids anything that does not comply. Second, and decisively, Delaware's Uniform Electronic Transactions Act excludes wills from its own scope by name: 6 Del. C. § 12A-103(b)(1) provides that the chapter does not apply to a transaction to the extent it is governed by a law governing the creation and execution of wills or codicils. So the general rule in 6 Del. C. § 12A-107, that a record or signature may not be denied legal effect solely because it is electronic, cannot be borrowed to validate an electronically signed Delaware will. Title 12 chapter 2 (§§ 201 to 214 and 251 to 266) and chapter 13 (§§ 1301 to 1313) were read in full on 2026-09-10 and contain no electronic-will section, no electronic-signature provision and no definition of presence that includes an audio-video connection. (12 Del. C. § 202)

Remote witnessing: not recognized. No Delaware statute permits a will to be witnessed by audio-video or any other remote means. 12 Del. C. § 202(a)(2) requires the witnesses to attest and subscribe IN THE TESTATOR'S PRESENCE, and nothing in title 12 chapter 2 or chapter 13 defines presence to include electronic presence.

A Will Signed in Another State

12 Del. C. § 1306(a): a written will signed by the testator, or by another subscribing the testator's name in the testator's presence and at the testator's express direction, is valid if it was executed in compliance with § 202, OR in compliance with the law at the time of execution of the place where the will was executed, OR in compliance with the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode or was a national. § 1306(b) applies the same three-way test to SELF-PROVING, so a will made self-proved under another jurisdiction's requirements is treated as self-proved here. (12 Del. C. § 1306)

Keep Going

The full Delaware will-requirements guide covers capacity, revocation, and what happens when formalities fail.
Delaware estate planning sets the will beside the other documents a complete plan needs.
A Delaware revocable living trust is the main alternative when avoiding probate is the goal.
How every state answers the online-will question puts Delaware's rules beside the other 36 states, and our scored will-maker comparison shows which products explain the signing steps best.

Frequently Asked Questions

Can I make my will online in Delaware?

Does a Delaware will need to be notarized?

No. Notarization is not required for a valid Delaware will. The optional self-proving step under 12 Del. C. § 1305 makes probate easier: 12 Del. C. § 1305 prints the statutory form: the testator acknowledges the will and each witness swears, in the testator's presence and hearing, that the witness signed as a witness and that to the best of the witness's knowledge the testator was eighteen years of age or over, of sound mind and under no constraint or undue influence. REMOTE NOTARIZATION IS AVAILABLE FOR THE AFFIDAVIT AND CHANGES NOTHING ABOUT THE WILL ITSELF. Delaware adopted the Revised Uniform Law on Notarial Acts at 29 Del. C. ch. 43, subchapter II (29 Del. C. § 4315), applicable to notarial acts performed on or after August 1, 2023 (§ 4340). § 4319 requires personal appearance except as provided in § 4320, and § 4320(b) lets a remotely located individual comply with § 4319 by using communication technology, subject to identity proofing, an audio-visual recording retained at least 10 years, and prior notice to the Secretary of State. § 4320 carries no exclusion for wills. But the notarial act reaches only the ACKNOWLEDGMENT AND AFFIDAVITS, and § 202(a)(2) separately requires the witnesses to attest and subscribe in the TESTATOR'S PRESENCE, which is not a notarial act and which RULONA does not modify. So the affidavit may be notarized remotely while the will is still signed and witnessed in person.

How many witnesses does a Delaware will need?

2. Attested and subscribed in the testator's presence by 2 or more credible witnesses. (12 Del. C. § 202(a)(2))

Are handwritten (holographic) wills valid in Delaware?

No. There is no holographic-will provision anywhere in 12 Del. C. ch. 2, and none is needed to reach the answer: § 202(a)(2) requires attestation and subscription by 2 or more credible witnesses, and § 202(b) makes a will that does not comply VOID. An unwitnessed handwritten will made in Delaware therefore fails, however clearly it states the testator's wishes. THE ONE ROUTE BY WHICH A HANDWRITTEN WILL CAN STILL WORK HERE IS § 1306, and it is a choice-of-law rule rather than a holographic-will rule: a written will signed by the testator is valid in Delaware if it was executed in compliance with the law of the place where it was executed, or of the place where at the time of execution or at death the testator was domiciled, had a place of abode or was a national. So a holograph validly made by a resident of a state that allows them does not become invalid on the maker's move to Delaware, while the same document written in Delaware by a Delaware resident is void. Do not compress those two into one sentence. Separately, 12 Del. C. § 212 lets a will refer to a written statement or list disposing of tangible personal property other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business; that list may be in the testator's own handwriting and needs no witnesses, but it is an adjunct to a validly executed will and is not itself a will. (12 Del. C. § 202)

Are electronic wills legal in Delaware?

No. DELAWARE HAS NOT ENACTED THE UNIFORM ELECTRONIC WILLS ACT OR ANY EQUIVALENT, and the negative claim rests on two affirmative sections rather than on an absence alone. First, 12 Del. C. § 202(a)(1) requires a writing and § 202(b) voids anything that does not comply. Second, and decisively, Delaware's Uniform Electronic Transactions Act excludes wills from its own scope by name: 6 Del. C. § 12A-103(b)(1) provides that the chapter does not apply to a transaction to the extent it is governed by a law governing the creation and execution of wills or codicils. So the general rule in 6 Del. C. § 12A-107, that a record or signature may not be denied legal effect solely because it is electronic, cannot be borrowed to validate an electronically signed Delaware will. Title 12 chapter 2 (§§ 201 to 214 and 251 to 266) and chapter 13 (§§ 1301 to 1313) were read in full on 2026-09-10 and contain no electronic-will section, no electronic-signature provision and no definition of presence that includes an audio-video connection. (12 Del. C. § 202)

Is a will made in another state valid in Delaware?

Generally yes, within the statute’s terms. 12 Del. C. § 1306(a): a written will signed by the testator, or by another subscribing the testator's name in the testator's presence and at the testator's express direction, is valid if it was executed in compliance with § 202, OR in compliance with the law at the time of execution of the place where the will was executed, OR in compliance with the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode or was a national. § 1306(b) applies the same three-way test to SELF-PROVING, so a will made self-proved under another jurisdiction's requirements is treated as self-proved here. (12 Del. C. § 1306)

SourcesOfficial references used for this page

Verified against 12 Del. C. ch. 2 (Wills) and 12 Del. C. ch. 13 (Probate of Wills) on September 10, 2026

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 Delaware can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Delaware Resources

Explore the rest of the Delaware estate planning hub.

Start planning

The core documents5 pages

Trusts and avoiding probate4 pages

Tools1 page