Guides

Delaware probate articles

  • How Do You Make a Valid Will In Delaware?

    2021-06-17

    A valid will under Delaware law must be: In writing; Signed by the testator; and, Witnessed and attested by two witnesses.   The requirements to make a valid will under Delaware law can be found at 12 DE Code § 202 . Who Can Make a Val…

  • Surviving Spouse Rights Delaware

    2019-09-20

    Surviving spouse rights in Delaware include: Intestate Share (no will) Elective Share Spousal Allowance Surviving Spouse Rights When There Is No Valid Will When a decedent dies without a valid will, they have died intestate. Intestacy means…

  • Who Are Next Of Kin In Delaware?

    2020-11-09

    A decedent’s nearest blood relatives and surviving spouse are considered next of kin under Delaware law for the purposes of the laws of descent and distribution when a decedent dies without a valid will. Therefore, next of kin under Delawar…

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