Is An Online Will Legally Valid in Delaware?

Yes, Delaware law recognizes wills made online. st because you've taken the steps to complete your will doesn’t mean it will hold up in court. You need to make sure it meets your state’s requirements.  

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Don’t worry, FeedingBird is built to walk you through exactly this.

What Makes an Online Will Legally Valid in Delaware?

Online wills are legal in Delaware, but electronic wills are not permitted, so the document must be printed on paper. It must be signed by the person stating their wishes (the testator), or by someone else at the testator's direction and in their presence and witnessed by two or more credible adult witnesses who were present for the signing. Notarization is only required if you choose a self-proving will.

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Delaware treats handwritten wills a little differently than some states. A will written entirely in the testator's own hand is only valid if it still meets Delaware's witness requirement. There's no true unwitnessed holographic will option in Delaware.

What You Need to Know about Online Wills in Delaware

Any estate lawyer will tell you that estate laws can be overwhelmingly complex and they are different depending on which state you live in. Your online will must be structured appropriately or you could be facing a long, costly court process.

Delaware Property Laws

Delaware is a common law property state which means that ownership of property and other assets is determined bu the name listed on a title, deed, or account. In Delaware, a surviving spouse can opt for an elective share of the estate, even if that person is not listed in a will at all.

Delaware Probate

All wills go through probate in Delaware unless the gross estate value is $50,000 or less (as of 2026) and you don’t own any real estate, in which case you may be able to circumvent probate with the simplified affidavit process. If that doesn't apply, you will need a trust to stay out of probate. There is also no state estate or inheritance tax at the state level in Delaware.

Avoiding Probate in Delaware

• Put your assets in a revocable living trust to grant you full control over your estate as the trustee. You name a successor trustee who is responsible for the distribution of your assets after you die.  

• Name beneficiary designations on financial and retirement accounts, with a payable-on-death (POD) designation or a transfer-on-death (TOD) designation to identify who becomes the new owner for those accounts.

• Set up joint ownership with right of survivorship to allocate property to your spouse or another co-owner when you die.

Want to learn more about trusts in Delaware? Learn what is required for a trust.