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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

12 Del. C. § 1306: Choice of law as to execution and proving of wills.

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Where this section sits in the code
  1. Title 12. Decedents’ Estates and Fiduciary Relations
  2. Administration of Decedents’ Estates
  3. CHAPTER 13. General Provisions

(a) A written will signed by the testator, or by some person subscribing the testator’s name in the testator’s presence and at the testator’s express direction, is valid provided that:

(1) It is executed in compliance with § 202 of this title;

(2) It is executed in compliance with the law at the time of execution of the place where the will is executed; or

(3) It is executed in compliance with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.

(b) An attested will that is considered valid under the provisions of this section shall be considered self-proved provided that:

(1) It is executed in compliance with the requirements of § 1305 of this title;

(2) It is executed in compliance with requirements of the law necessary to create a self-proved will in the jurisdiction where such will is made self-proved, at the time such will is made self-proved; or

(3) It is executed in compliance with requirements of the law necessary to create a self-proved will in the jurisdiction where the testator is domiciled, has a place of abode, or is a national at the time of death.

Collected 2026-09-05T23:02:15Z. Source file · JSON

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