Short answer. 2 witnesses. A self-proving affidavit is sworn before an oath officer such as a notary. Handwritten wills: no.
At a glance
- Witnesses
- Two or more credible witnesses, who sign in the testator's presence.
"attested and subscribed in testator's presence by 2 or more credible witnesses."
- Beneficiary as witness
- A witness who gets something under the will doesn't make the will or any part of it invalid.
"A will or any provision thereof is not invalid because the will is signed by an interested person."
- Self-proving affidavit
- Allowed at signing or any later date, before an officer authorized to administer oaths in the state, under official seal.
"before an officer authorized to administer oaths under the laws of this State"
- Handwritten wills
- Not recognized. A will that isn't written, signed and witnessed as the statute says is void. A separate handwritten list can cover only certain personal items.
"Any will not complying with subsection (a) of this section shall be void."
- Minimum age
- 18 or older, of sound mind.
"Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will."
Signing day here
- Witnesses to bring: Bring 2 witnesses.
- Notary and the self-proving affidavit: Have a notary or another officer who can administer oaths there for the self-proving affidavit. The statute names that officer rather than notaries by name.
The full list, with ID and who shouldn't witness: signing-day checklist for Delaware.
MCC Solutions provides notaries and witnesses for signings in New Jersey (estate planning signings, the estate planning signing package, witness services). Elsewhere, a local notary can help with the self-proving affidavit.
Not confirmed on the pages we read: electronic wills, remote witnessing.
Official sources
- Delaware Code Title 12 (Decedents' Estates and Fiduciary Relations), Chapter 2, Wills (checked November 2026)
- Delaware Code Title 12, Chapter 13, Probate of Wills (section 1305, self-proved wills) (checked November 2026)
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review your will. Checked November 2026 against the official pages listed above. Rules change, and how a rule applies to one will is a question for a lawyer licensed in the state. A notary can't give legal advice or draft a will.
Common questions
How many witnesses does a will need in Delaware?
2. Two or more credible witnesses, who sign in the testator's presence.
Does a will need a notary in Delaware?
Not to be valid on the pages we read; the notary is for the self-proving affidavit. Allowed at signing or any later date, before an officer authorized to administer oaths in the state, under official seal.
Can a beneficiary witness a will in Delaware?
A witness who gets something under the will doesn't make the will or any part of it invalid. The statute: "A will or any provision thereof is not invalid because the will is signed by an interested person."
Is a handwritten will valid in Delaware?
Not recognized. A will that isn't written, signed and witnessed as the statute says is void. A separate handwritten list can cover only certain personal items.
How old do you have to be to make a will in Delaware?
18 or older, of sound mind.
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