Will Writing Service in Delaware

Are you a Delaware citizen thinking of making a will? Below is a pre-empt of what a will can do for you, the laws involved when making wills in Delaware, and what the process looks like.

How Much Does It Cost to Write a Will in Delaware?

The cost of writing a will in Delaware ranges between $20 to $1500, depending on the method you decide to use. Below is an outline of the different methods of writing a will and the prices:

1. Do-It-Yourself (DIY) Will Kits:

This method costs between $20 and $100. You can access these kits either on online platforms or in stores. It is suitable for someone who does not have a complex estate and prefers to draft their wills. However, to make it legally valid, ensure that the will meets all the Delaware will requirements.

2. Online Will Writing Services

This method costs between $200 to $500. This method enables you to get professionally written wills that meet all the Delaware will requirements and are tailored to suit your needs. LegalPen offers online will writing services at an average cost of $250.

3. Hiring a Lawyer

This method ranges between $300 to $1500, depending on the complexity of your estate. This method ensures the will is legally valid and tailored to meet your needs.

Can I Write a Will Without a Lawyer in Delaware?

Yes, you can write your will and testament in Delaware without a lawyer if you meet the state’s will-writing requirements. Below are the requirements that you need to fulfill for your will to be legally valid:

1. You must ensure it is written down to be legally valid in Delaware.
2. You must be 18 years old and of sound mind for your will to be legally valid
3. Ensure that your will has been signed by at least two witnesses, preferably non-beneficiaries, to avoid conflict of interest.
4. You must sign your will for it to be valid.

Is It Legal to Write Your Own Will in Delaware?

Yes, it is legal to write your own will in Delaware. Delaware laws allow individuals to write their wills as long as they meet the set requirements. Delaware wills must be written and signed by the testator, who must be 18 years old, of sound mind, and witnessed by two individuals.

Does a Will in Delaware Need to be Notarized?

No, a Delaware last will and testament need not be notarized. However, notarizing your will makes it self-proving, which can simplify the probate process.

Do I Need a Lawyer to Make a Will in Delaware?

No, you do not require a lawyer to make your own last will and testament or Living Will in Delaware. However, If you decide to make your will, ensure that it meets all the Delaware will requirements to be legally valid.

Do I Need a Lawyer to File a Will in Delaware?

No, you do not need a lawyer to file a will in Delaware. Nonetheless, you must ensure that your will is valid for acceptance. This can be done by ensuring it satisfies all the requirements.

Are Online Wills Legal in Delaware?

Yes, online wills are legal in Delaware. Delaware laws accommodate online wills if they meet all the requirements. Even when using the last will and testament form in Delaware, ensure it is legally binding by meeting the requirements.

How To Include Digital Assets in Delaware

Incorporating your digital assets in Delaware is crucial. When using a Delaware will template, follow the steps below to incorporate your digital assets properly:

1. List all your digital assets. Digital assets include social media pages, cryptocurrencies, digital photos, and online bank accounts.
2. Appoint an executor. Name a trusted digital executor who will manage your digital assets after your demise.
3. Instruct on the use of digital assets. Provide explicit instructions on how you would like the executor to handle every digital asset. Be precise about the assets you want to be erased, moved, or passed on to a particular person.
4. Allow accessibility of digital assets. For security purposes, provide access information, such as usernames and passwords, to your digital executor. This information should be written separately and referenced in the will.
5. Incorporate the digital asset clause. Ensure that you incorporate a digital asset clause in your will that gives authority to your digital executor over your digital assets.
6. Regular Updates. Update your will every 3 to 5 years or after a significant event such as marriage or divorce. This step ensures that your will reflects your current wishes.

How to Disinherit Someone in a Delaware Will

When disinheriting someone in a Delaware will template, you must be careful to uphold your wish. Here are the steps to follow when disinheriting someone from your will:

1. Identify the individual. Provide the person’s name and relationship to you so that it is clear who you are referring to and thus avoid any confusion in the future.
2. Explicitly state the disinheritance. Ensure you are very specific and wish to disinherit this individual from your will.
3. Consider Incorporating a reason. While it is unnecessary, including why you are disinheriting someone could help prevent future legal matters.
4. Update Your Will Regularly. Ensure to update your will regularly to reflect your current wishes.

How to Handle Debts and Liabilities in a Delaware Will

Handling debts and liabilities in your Delaware last will and testament alongside your living will is critical when making a will. Below is an outline of the steps to follow to handle your debts and liabilities:

1. Identify all your outstanding debts and liabilities, including credit card debts, personal loans, and mortgages.
2. Provide instructions on how the debts will be managed. This could include the sources of funds to pay off the outstanding debts.
3. In cases where you would like to prioritize some debts and liabilities, ensure to make it clear in the will.
4. Ensure the statements are updated to reflect the payment progress made over time.
5. Add a residual clause outlining how the leftover assets will be distributed amongst the beneficiaries.

How to Provide for Minor Children in a Will

Ensuring that your minor children are well cared for after you are gone is essential when making a Delaware will. You must choose one trusted individual capable and willing to care for your children in your absence. After identifying the individual, you can entrust them with your estate or allocate funds specifically for their use. You can specify how you would like the kids to be cared for, for instance, the schools you wish they were enrolled in.

On the other hand, you can set up a trust for your minors to fund their lifestyle and appoint a trustee until they reach a certain age, usually 18.  

How to Store Your Delaware Will safely

Storing your will safely is crucial as it prevents it from being lost or tampered with and protects it from damage. Here are some ways to store your will safely

1. You can store your will in a safe

A safe is secure as it is not easily accessible without the necessary information, thus preventing the will from being tampered with. However, ensure that you provide your executor with the necessary information to access the will when needed.

2. Utilize the Delaware register of wills

Delaware register of wills is a county office where you can store your will safely. This ensures your will is secure and easily accessible to your executor after your demise.

3. Utilize the safety deposit box provided by the banks

This method is secure; no one can access it without authorization. Ensure to provide your executor with the necessary information on accessing the will when needed.

How to Contest a Will in Delaware

Contesting a will in Delaware means challenging whether the will is valid in probate court. You must ensure you have the legal standing to contest the will. This means that you are an heir to the testator, your name was listed as a beneficiary in previous wills, or you would be a beneficiary if the state happened to use Delaware intestacy laws. You must ensure that you have valid legal grounds for contesting a will, which includes fraud, undue influence, or improper execution. After you have ensured that you have legal standing and valid legal grounds, file a petition in the probate court, where the court will decide based on the evidence you provide to support your claim.

What are No-Contest Clauses in Delaware Wills?

A no-contest clause in a last will and testament in Delaware aims to prevent beneficiaries from challenging the will in court. When a beneficiary challenges the will and loses, they risk losing their inheritance.

What is the Difference between Probate in Delaware and South Dakota?

Probate in Delaware is complex and formal, where Delaware requirements must be met for a will to be valid. On the other hand, probate in South Dakota is simple and faster as it does not require a lot of court engagement. This aspect makes will writing in South Dakota more straightforward than in Delaware.

How to Handle Foreign Property in a Delaware Will

You need to be careful while handling foreign property in a Delaware will. When handling foreign property, you must ensure that your will is in line with the inheritance laws of the country where your property is located. Handling a foreign property can be complicated, and thus, it is recommended that you hire an estate attorney in the country where your property is located.

How to Make a Will for Same-Sex Couples in Delaware

Delaware legalized same-sex couples on July 1, 2013. As a result, same-sex couples are allowed to marry and make their own Delaware wills, like opposite-sex couples would. Same-sex couples have the option to either write their wills separately or jointly. In cases where they decide to write the will themselves, they should ensure that they know how to write a will in Delaware so that their will is legally valid.

How to Plan for Pet Care in Your Delaware Wills

Planning for pet care is essential to ensure your pet is well cared for after your demise. While pets are considered property, they only follow the Delaware next of kin laws if that is what you want. This allows you to choose someone willing and able to care for your pets when you are gone. You can then set aside funds to care for your pets’ needs. You can then provide any special instructions that you might have to the executor. This could include any special treatment required for a particular pet.

How to Handle Business Succession in a Delaware Will

Handling business succession in a last will and testament in Delaware is very important as this determines the future of your business. Below are some of the steps you might consider taking to ensure a smooth succession of the business:

1. Identify your business ownership

In cases where you own a business principally, you can provide the location of the business and its name. In cases where you own just a percentage of the business, be sure to state the percentage of ownership that belongs to you.

2. Name a successor of the business

Ensure that you state their name explicitly and possibly their relationship with you to prevent any confusion in the future. A successor could be a friend, a family member, or a business partner.

3. Train the business successor

After choosing a suitable business successor, consider training them on how the business is run to ensure its continuity. In the process, you could show them the business’s debts and liabilities and how you would like them handled.

How to Handle Out-of-State Property in a Delaware will

When handling an out-of-state property, ensure that it meets the requirements of the state in which it is located and meets Delaware will requirements.

What is the Difference between Holographic Wills and Statutory Wills in Delaware?