Free Will Guide
A will is not morbid. It is the simplest gift there is — the gift of clarity to the people you love, made before it is needed. Without one, Delaware law decides who receives what you own, and a court decides who raises your children.
1.Four steps
- Make it. Use one of the free tools below. Have names ready for your beneficiaries, an executor, and a guardian for any children under 18.
- Print it. Delaware needs a signed paper original. An unsigned file on your computer is not a will.
- Sign it in front of two adult witnesses, who then sign too. Adding a notarized self-proving affidavit at the same time is optional but makes probate easier.
- Store the original safely and tell your executor where it is.
2.Three free tools
We looked at the free will-makers available today and list only ones that are free to use and cover Delaware. HARI-OM receives nothing from any of them.
3.What Delaware requires
Under Delaware law (Title 12, § 202), a will is valid when it is:
- In writing — typed or printed. Delaware does not accept oral wills.
- Signed by you — or by someone else signing your name in your presence, at your direction.
- Witnessed by two adults who watch you sign and then sign it themselves, in your presence.
- Made by someone who is 18 or older and of sound mind.
A will that misses any of these is void, so do not skip the witnesses.
4.Where to keep it
Keep the signed original somewhere safe that your executor can reach — a fire-safe box at home works. Delaware also lets you deposit the original with your county's Register of Wills for safekeeping for a small fee; call first, as appointments are usually required.
5.Common questions
Do I need a lawyer to make a will?
No. Delaware does not require a lawyer, and a will you make yourself is valid if it meets the requirements above. A lawyer is worth it for complicated situations — see the last question.
Does my will need to be notarized?
No — two witnesses are what make it valid. A notary is only needed for the optional self-proving affidavit, which lets the court accept the will later without tracking down your witnesses. It is worth doing if a notary is easy to reach; many banks offer it free to customers.
Is a handwritten will valid in Delaware?
Only if it is signed and witnessed by two people like any other will. Delaware does not recognize an unwitnessed handwritten will made in Delaware.
Who can be a witness? Can a family member?
Any adult who is competent to be a witness. Delaware law says a will is not invalid just because someone who benefits from it signed it, but to avoid any doubt later we suggest two witnesses who receive nothing under the will.
What happens if I die without a will?
Delaware's inheritance law divides your property by a fixed formula among your spouse and relatives, which may not match your wishes. A court appoints someone to handle your estate, and if you have children under 18, a court decides who raises them.
Does my will cover my 401(k), IRA, or life insurance?
Usually not. Retirement accounts, life insurance, and many bank accounts go to the beneficiary you named on that account, whatever your will says. Check those beneficiary forms whenever you update your will.
I own property in India. Does my US will cover it?
Not reliably. Property in another country is generally governed by that country's rules, and using a US will there can be slow or difficult. Many families make a separate will for property in India. Talk to a lawyer who handles cross-border estates.
I made my will in another state. Is it still valid here?
Generally yes. Delaware accepts a will that was valid under the law of the place where it was signed (Title 12, § 1306). It is still worth reviewing after a move.
When should I update my will?
After any big change: marriage, divorce, a new child or grandchild, a death in the family, a move, or buying a home. In Delaware a divorce automatically cancels gifts to the former spouse in your will, but you should still make a new one.
When should I talk to a lawyer instead?
Blended families, property in more than one state or country, a business, a beneficiary with special needs, a large estate, or anyone likely to contest the will. You can find a Delaware attorney through the Delaware State Bar Association.
This page is general information, not legal advice, and laws change. HARI-OM does not draft, review, or guarantee any will. See our Free Will service disclaimer.