Delaware · Estate & Probate
The Delaware Wills, Trusts & Estates Guide
Understanding Delaware's unique will requirements, powerful trust options, and the Court of Chancery's role in estate administration.
2026-2027 Edition · Cited to Delaware law · Plain language
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Eleven editable forms that go with this guide, including a will, financial and medical powers of attorney and a living will, with a signing guide. Instant download; Word and PDF.
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Cited to the statute · Legal information, not legal advice
Delaware wills and trusts, explained from signing to settlement
Will signing and witness rules, intestate succession, living trusts, and Delaware's directed, silent, dynasty, and asset protection trusts, explained for planners and fiduciaries.
ABOUT THIS BOOK
Writing a will, setting up a trust, or serving as an executor or trustee in Delaware raises practical questions. How many witnesses? Does a will need a notary? What makes a Delaware trust different?
The Delaware Wills, Trusts & Estates Guide explains estate planning and administration under Title 12 of the Delaware Code. It covers what makes a will valid, including the two-witness rule, how a self-proving affidavit works, why an unwitnessed handwritten will signed under Delaware law is not valid, and who inherits under intestate succession when there is no will. It explains the difference between a will and a revocable living trust, durable powers of attorney, and advance health-care directives.
The guide also explains Delaware's trust laws: directed trusts under 12 Del. C. § 3313, silent trusts, dynasty trusts, domestic asset protection trusts under the Qualified Dispositions in Trust Act, and decanting. It closes with the duties of executors and trustees and how the Court of Chancery handles disputes.
Inside:
• Step-by-step procedures for the person making a plan and for executors, trustees, and beneficiaries
• Real-world questions and answers on wills, trusts, and inheritance
• Checklists, comparison tables, a glossary, and sample clauses
For Delaware residents planning ahead and the fiduciaries and beneficiaries who carry out a plan. Legal information, not legal advice.
WHAT’S INSIDE
- The Foundation: Delaware's Unique Legal Landscape
- Creating a Valid Will in Delaware
- When There Is No Will: Intestate Succession
- The World of Delaware Trusts
- Rights and Roles in Estate and Trust Administration
- Remedies, Penalties, and Damages
- Step-by-step procedures from each side, with deadlines at a glance
- 24 real-world questions and answers
- Statute index, key court decisions and official forms
- Toolkit: checklists, comparison tables, glossary and common mistakes to avoid
WHY READERS TRUST THIS GUIDE
Plain language. Cited to the statute. Dated so you know it is current.
Every rule is cited to Delaware law so you can verify it.
Cited, so you can check it
Every rule names the section of Delaware law it comes from, so you can read the source yourself.
Plain language, no filler
Written to be read start to finish by someone with no legal training, with worked examples.
Dated and updated
Each guide carries a law-current date and new editions ship when the law changes.
Bonus toolkit
Register your book for this topic’s checklists, worksheets and starter template, as soon as they are ready.
QUESTIONS BEFORE YOU BUY
Delaware will requirements: what to know before you order.
Straight answers about what the guide is, what it covers and how it reaches you.
How many witnesses does a Delaware will need?
A Delaware will must be in writing, signed by the testator, and attested and signed in the testator's presence by two or more credible witnesses. A notary is not required for validity but is used for an optional self-proving affidavit. The guide explains both.
What is a Delaware directed trust?
A directed trust separates trustee duties, so a trust advisor can direct the trustee on matters such as investments while the trustee handles distributions and administration (12 Del. C. § 3313). The guide explains how it works.
Is this legal advice?
No. It is legal information in plain language, cited to the law, so you understand your options and know what to ask. Reading it creates no attorney-client relationship.
Is it written for Delaware?
Yes. This guide is written for Delaware law and cites the Delaware statutes and rules it relies on. If your case is in another state, choose that state's edition.
KEEP GOING
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PLEASE READ
Legal information, not legal advice. STACKED LEGAL® is a publisher, not a law firm. Buying or reading this book creates no attorney-client relationship and promises no outcome. Laws change; verify current law and talk to a licensed attorney in Delaware about your situation.
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