LAST WILL AND TESTAMENT
OF [[TESTATOR FULL LEGAL NAME]]
DECLARATION
I, [[Testator Full Legal Name]], a resident of [[City, County, Delaware]], born on [[Date of Birth]], being of legal age (18 years or older), of sound mind and disposing memory, and not acting under fraud, duress, menace, or undue influence, do hereby make, publish, and declare this to be my Last Will and Testament, revoking all prior wills, codicils, and testamentary dispositions made by me at any time.
Article I - Identification and Family
1.1 Testator. I am [[Testator Full Legal Name]], currently residing at [[Full Home Address, City, Delaware, ZIP Code]].
1.2 Marital Status. I am:
- [ ] Married to [[Spouse Full Legal Name]], to whom I refer throughout this Will as "my spouse."
- [ ] Single / Widowed / Divorced - I have no current spouse.
1.3 Children. My children, living at the date of this Will, are:
| Name | Date of Birth | Relationship |
|---|---|---|
| [[Child 1 Full Name]] | [[DOB]] | [[Biological / Adopted]] |
| [[Child 2 Full Name]] | [[DOB]] | [[Biological / Adopted]] |
| [[Child 3 Full Name]] | [[DOB]] | [[Biological / Adopted]] |
(Include all children. If none, write "I have no children.")
1.4 Deceased Children. I am also the parent/stepparent of [[Name(s)]], who predeceased me. Any reference to "my children" in this Will includes descendants of a deceased child (by right of representation) unless otherwise specified.
1.5 Other Persons. I intentionally make no provision for [[Name(s)]] and any unnamed persons or unknown heirs, for reasons personal to me.
Article II - Revocation of Prior Wills
I hereby expressly revoke all prior wills, codicils, and other testamentary instruments previously executed by me, including (without limitation) a Will dated [[Prior Will Date, or "None known"]]. This Will supersedes all prior testamentary documents.
Article III - Appointment of Executor
3.1 Executor. I appoint [[Executor Full Legal Name]] of [[Executor City, State]] as Executor (also referred to as Personal Representative) of this Will. If [[Executor Name]] is unable or unwilling to serve, I appoint [[Alternate Executor Full Legal Name]] of [[Address]] as Alternate Executor. If both are unable or unwilling, I appoint [[Second Alternate Executor Full Legal Name]] as Second Alternate Executor.
3.2 Bond. I direct that my Executor shall serve without bond (unsecured), to the extent permitted by Delaware law. If a court requires a bond, the bond shall be in a minimal amount.
3.3 Executor's Powers. I grant my Executor full authority to administer my estate, including but not limited to:
- (a) Collect, inventory, and manage all estate assets;
- (b) Pay all valid debts, expenses of last illness, funeral costs, and administrative expenses;
- (c) Pay all federal and Delaware state estate and inheritance taxes;
- (d) Sell, lease, mortgage, or otherwise encumber or dispose of real and personal property (whether or not specifically devised), at public or private sale, without court order and without obligation to obtain the highest price;
- (e) Invest and reinvest estate assets in any property, including stocks, bonds, mutual funds, real estate, and alternative investments, with the same authority as an individual owner;
- (f) Continue any business interest for a reasonable period pending sale or distribution;
- (g) Distribute estate assets in cash or in kind, or partly in each;
- (h) Execute all documents, deeds, assignments, and instruments necessary to carry out the terms of this Will;
- (i) Hire and compensate attorneys, accountants, financial advisors, and other professionals;
- (j) Settle, compromise, or arbitrate any claim by or against my estate; and
- (k) Open, maintain, and close estate bank and investment accounts.
3.4 Independent Administration. To the extent permitted by Delaware law, my Executor shall have authority to administer my estate without court supervision (independent administration).
3.5 Compensation. My Executor shall be entitled to reasonable compensation for services rendered, consistent with Delaware Probate Court fee guidelines (12 Del. C. § 2302).
Article IV - Guardian for Minor Children
4.1 Guardian of the Person. If any of my children are minors at the time of my death, and if my spouse or other surviving parent is unable or unwilling to serve as guardian, I nominate [[Guardian Full Legal Name]] of [[Guardian Address]] as Guardian of the Person of my minor child(ren). If [[Guardian Name]] is unable or unwilling, I nominate [[Alternate Guardian Full Legal Name]] as Alternate Guardian.
4.2 Guardian of the Estate / Property. I nominate the same person named in Section 4.1 (or their successor) as Guardian of the Estate (property guardian) for my minor child(ren), to manage assets passing to minors until age [[18 / 21 / other age agreed]].
4.3 Trustee for Minor's Assets. If a Guardian of the Estate is not appointed or suitable, I direct that assets passing to a minor be held in trust under Article IX (Minor's Trust) until such minor reaches age [[21 / 25]].
4.4 No Bond Required. I direct that any Guardian serve without bond to the extent permitted by law.
Article V - Payment of Debts and Taxes
5.1 Debts. I direct my Executor to pay all of my enforceable debts, including funeral and last-illness expenses, as soon as reasonably practicable after my death from my residuary estate, unless otherwise directed herein.
5.2 Taxes. My Executor shall pay all federal estate taxes, Delaware estate taxes (if applicable - see Section 5.3), and any state inheritance taxes imposed on my estate from the residuary estate. I direct that estate taxes not be apportioned among beneficiaries unless otherwise required by law.
5.3 Delaware Estate Tax. Delaware abolished its state estate tax effective January 1, 2018 (Delaware State Budget Act, 81 Del. Laws c. 419, § 63). As of June 2026, Delaware imposes no state estate tax. Federal estate tax applies to estates exceeding the federal exemption amount (verify current IRS exemption with an estate planning attorney; the Tax Cuts and Jobs Act of 2017 exemption is scheduled to sunset after December 31, 2025, unless extended). Executor should consult a Delaware CPA or estate attorney regarding current federal and state tax obligations.
5.4 Delaware Inheritance Tax. Delaware abolished its state inheritance tax effective July 1, 1999. As of June 2026, Delaware imposes no inheritance tax.
Article VI - Specific Bequests
6.1 Personal Property. I give and bequeath the following items of personal property to the following persons (outright):
| Item Description | Beneficiary Full Name | Alternate Beneficiary (if predeceased) |
|---|---|---|
| [[e.g., "My gold wedding ring"]] | [[Name]] | [[Alternate Name, or "to residuary estate"]] |
| [[e.g., "My 2022 Ford F-150 truck, VIN: [VIN]"]] | [[Name]] | [[Alternate Name]] |
| [[e.g., "My entire personal library"]] | [[Name]] | [[Alternate Name]] |
6.2 Real Property. I give and devise the following real property as follows:
Property 1: The real property located at [[Full Property Address, City, Delaware]], including all improvements and appurtenances, is devised to [[Beneficiary Full Legal Name]] (outright), subject to any mortgage(s), liens, and encumbrances existing at the time of my death, which the devisee shall assume.
Property 2 (if any): The real property at [[Address]] is devised to [[Beneficiary]], or if they predecease me, to [[Alternate Beneficiary]].
6.3 Cash Bequests.
| Amount | Beneficiary Full Name | Alternate (if predeceased) |
|---|---|---|
| $[[Amount]] | [[Full Name]] | [[Name or "lapses"]] |
| $[[Amount]] | [[Full Name]] | [[Name or "lapses"]] |
6.4 Retirement Account and Life Insurance Beneficiaries. I understand that retirement accounts (IRAs, 401(k)s), life insurance policies, and accounts with payable-on-death (POD) or transfer-on-death (TOD) designations pass by beneficiary designation and NOT under this Will. I intend to maintain these designations consistent with my overall estate plan. I direct my Executor to confirm that all beneficiary designations are current.
6.5 Tangible Personal Property Memorandum. I may leave a separate, signed, and dated written memorandum describing additional specific bequests of tangible personal property. Such memorandum, if found after my death and dated before or after this Will, shall be given effect to the extent permitted by Delaware law (12 Del. C. § 212 - tangible personal property list; must be signed and described with reasonable certainty).
Article VII - Residuary Estate
7.1 Residuary Bequest. I give, devise, and bequeath all the rest and residue of my estate (the "Residuary Estate"), after payment of debts, expenses, and specific bequests, in the following shares:
[ ] Option A - All to Spouse:
I give my entire Residuary Estate to my spouse, [[Spouse Full Legal Name]]. If my spouse predeceases me or does not survive me by 120 hours (see Article VIII), I give my entire Residuary Estate as follows: [[Alternative residuary beneficiary(ies) and shares]].
[ ] Option B - Specific Percentage Shares:
| Share | Beneficiary | Relationship | Alternate (if predeceased) |
|---|---|---|---|
| [[__%]] | [[Full Name]] | [[Relationship]] | [[Alternate / lapses to other beneficiaries pro rata]] |
| [[__%]] | [[Full Name]] | [[Relationship]] | [[Alternate]] |
| [[__%]] | [[Full Name]] | [[Relationship]] | [[Alternate]] |
| 100% | | | |
[ ] Option C - All to Children Equally:
I give my entire Residuary Estate to my children in equal shares per stirpes. "Per stirpes" means that if a child predeceases me, that child's share passes to that child's descendants equally, by right of representation.
7.2 Residuary Trustee. If any residuary share passes to a minor or to a trust established herein, my Executor shall serve as Trustee (or name an independent Trustee as set forth in Article IX).
Article VIII - Simultaneous Death and Survival Requirement
8.1 Survival Requirement. A beneficiary must survive me by 120 hours (five days). If a beneficiary dies within 120 hours of my death, they shall be deemed to have predeceased me and their share shall pass as if they had predeceased me, in accordance with the Delaware Uniform Simultaneous Death Act (12 Del. C. § 701 et seq.).
8.2 Predeceased Beneficiary. If a beneficiary predeceases me and no alternate is named, their specific bequest lapses and becomes part of the Residuary Estate unless the bequest is to a descendant and anti-lapse provisions of 12 Del. C. § 212a apply.
Article IX - Trust for Minor Beneficiaries
9.1 Minor's Trust. If any beneficiary (including a residuary beneficiary) is under the age of [[21 / 25]] at the time of distribution, their share shall be held in trust by the Trustee named below until the beneficiary reaches that age.
9.2 Trustee. I appoint [[Trustee Full Legal Name]] as Trustee. If unable or unwilling, [[Alternate Trustee]] shall serve.
9.3 Trustee's Powers. The Trustee may:
- Invest and reinvest trust assets prudently;
- Distribute income and principal for the beneficiary's health, education, maintenance, and support ("HEMS");
- Retain estate assets without liability for depreciation;
- Distribute accumulated income at the Trustee's discretion; and
- Exercise all powers granted to Executors in Article III.
9.4 Distribution. Upon the beneficiary reaching the age specified above, all remaining trust assets shall be distributed outright to the beneficiary.
Article X - No-Contest (In Terrorem) Clause
If any beneficiary contests this Will or any of its provisions, or initiates or participates in legal proceedings to invalidate this Will or any trust created herein (other than proceedings in good faith to determine whether probate should be granted, or to enforce this Will's terms), such beneficiary shall receive nothing from my estate, and the contest shall be treated as though the contesting beneficiary predeceased me.
Article XI - General Provisions
11.1 Governing Law. This Will shall be construed and administered under the laws of the State of Delaware, including the Delaware Probate Code (12 Del. C. §§ 101 et seq.).
11.2 Severability. If any provision is held invalid by a court of competent jurisdiction, all remaining provisions continue in effect.
11.3 Gender and Number. Words importing one gender shall be read to include all genders. Words in the singular include the plural and vice versa.
11.4 Per Stirpes. Unless otherwise stated, all distributions to descendants shall be made "per stirpes" - i.e., by right of representation.
11.5 Digital Assets. I authorize my Executor to access, manage, and distribute my digital assets (email accounts, social media, cryptocurrency, domain names, cloud storage) in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act as enacted in Delaware (12 Del. C. §§ 5001-5017). I direct that my Executor contact each platform under its terms of service. Cryptocurrency access: [[describe access method or location of recovery phrases, or "See attached sealed memorandum"]].
11.6 Anatomical Gifts. I [ ] do / [ ] do not wish to donate my organs and tissues upon death. My preferences are documented on my Delaware driver's license and registered with the Delaware Organ and Tissue Donor Registry. My Executor and family are directed to honor these wishes.
11.7 Funeral and Burial Instructions. I [ ] have / [ ] have not executed a separate funeral planning declaration. My general preferences are: [[Burial / Cremation / Other - or "See attached memorial instructions"]].
Execution - Testator's Signature
I, [[Testator Full Legal Name]], declare that this is my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act, and that I am of legal age and sound mind.
Signed on: [[Date]]
At: [[City, Delaware]]
Testator Signature: ______________________________
Printed Name: [[Testator Full Legal Name]]
Attestation Clause - Witnesses
(Required by 12 Del. C. § 202 - Will must be signed in the presence of two or more competent witnesses, each of whom must sign the Will in the presence of the testator and each other.)
We, the undersigned witnesses, each being of legal age and competent to testify in any court of this State, do solemnly declare under penalty of perjury:
- We were present and witnessed [[Testator Full Legal Name]] sign (or acknowledge their signature on) this Will on the date shown above;
- At the time of execution, the Testator appeared to be of sound mind, legal age, and under no undue influence, fraud, or duress;
- We sign this Will as witnesses in the presence of the Testator and in the presence of each other; and
- Neither of us is named as a beneficiary under this Will.
(Note under 12 Del. C. § 205: An interested witness - one who is also a beneficiary - does not void the Will but may lose their bequest. Use disinterested witnesses to avoid complications.)
WITNESS 1:
Signature: ______________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Address, City, State]]
Date: ______________________________
WITNESS 2:
Signature: ______________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Address, City, State]]
Date: ______________________________
Self-Proving Affidavit
(12 Del. C. § 1305 - Self-proved will admitted to probate without live witness testimony)
STATE OF DELAWARE
COUNTY OF [[County Name]]
Before me, the undersigned authority, personally appeared [[Testator Full Legal Name]] (the "Testator") and [[Witness 1 Full Legal Name]] and [[Witness 2 Full Legal Name]] (the "Witnesses"), known to me to be the Testator and Witnesses whose names are signed to the foregoing instrument, and being first duly sworn, the Testator declared to me and to the Witnesses that the foregoing instrument is the Testator's Last Will and Testament and that the Testator had willingly signed and executed it as the Testator's free and voluntary act for the purposes therein expressed. Each of the Witnesses stated that they signed the Will as witnesses in the presence and at the request of the Testator and in the presence of each other.
Testator: ______________________________
Witness 1: ______________________________
Witness 2: ______________________________
Subscribed, sworn to, and acknowledged before me by the Testator and the Witnesses, this [[Day]] day of [[Month, Year]].
Notary Public: ______________________________
Printed Name: ______________________________
Commission Expires: ______________________________
[NOTARY SEAL]
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Delaware will requirements are governed by Title 12 of the Delaware Code. Delaware abolished its state estate tax (effective 2018) and inheritance tax (effective 1999); federal estate tax rules continue to apply. Tax laws change frequently - consult a Delaware-licensed estate planning attorney and CPA. Failure to properly execute a Will (e.g., insufficient witnesses or capacity issues) may render it invalid. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- 12 Del. C. § 201 (testamentary capacity - 18 years, sound mind)
- 12 Del. C. § 202 (execution formalities - 2 witnesses)
- 12 Del. C. § 205 (interested witness)
- 12 Del. C. § 212 (tangible personal property memorandum)
- 12 Del. C. § 212a (anti-lapse statute)
- 12 Del. C. § 701 et seq. (Delaware Uniform Simultaneous Death Act - 120-hour rule)
- 12 Del. C. § 1305 (self-proving affidavit)
- 12 Del. C. §§ 2301-2310 (executor powers and compensation)
- 12 Del. C. §§ 5001-5017 (Delaware Fiduciary Access to Digital Assets Act - UFADAA)
- Delaware estate tax abolished: 81 Del. Laws c. 419, § 63 (eff. Jan. 1, 2018)
- Delaware inheritance tax abolished: 71 Del. Laws c. 521 (eff. July 1, 1999)
- Federal estate tax: I.R.C. §§ 2001-2056; Tax Cuts and Jobs Act of 2017 (TCJA) sunset provisions
