The Living Will in Delaware is titled "Instructions for Healthcare Decisions" and is included in an Advance Directive packet that also includes paperwork for naming a Health Care Proxy and specifying Anatomical Gifts.
You and two (2) witnesses are required to sign your DE Advance Directive in order for it to be declared genuine. Notarization is optional, but strongly advised
You and two (2) witnesses are required to sign your DE Advance Directive in order for it to be declared genuine. Notarization is optional, but strongly advised
Delaware Advance Directive Form
Other resources for Delaware:
Death Certificates
Digital Estate Planning Laws:
Law: Fiduciary Access to Digital Assets and Digital Accounts Act - House Bill # 345 w/HA 1 + SA 1
Description: Upon written request, "fiduciaries" (i.e. Power of Attorney, Executor, Trustee, otherwise authorized individual) are granted access and control of the digital assets and digital accounts of an incapacitated or deceased person. This includes every digital asset currently in existence (email, social media accounts, online shopping, photos, videos, etc...) and ones that have yet to be invented. Once the digital service provider ("custodian") receives a written request along with certified proof (letter of testamentary or administration, court order, Power of Attorney form, Trust instrument) they must provide access to transfer, copy, or destroy the account.
Status: Passed June 30, 2014; Effective January 1, 2015
(Click here for the full text of the Bill)
Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
Organ Donation Registries
Delaware Organ Donation registry official link.
DMOST (Delaware Medical Orders for Scope of Treatment) Form
Download the DMOST form for Delaware residents.
Probate Laws
Title 12: Decedents’ Estates and Fiduciary Relations
Estate And Inheritance Tax Rate
Death Certificates
Digital Estate Planning Laws:
Law: Fiduciary Access to Digital Assets and Digital Accounts Act - House Bill # 345 w/HA 1 + SA 1
Description: Upon written request, "fiduciaries" (i.e. Power of Attorney, Executor, Trustee, otherwise authorized individual) are granted access and control of the digital assets and digital accounts of an incapacitated or deceased person. This includes every digital asset currently in existence (email, social media accounts, online shopping, photos, videos, etc...) and ones that have yet to be invented. Once the digital service provider ("custodian") receives a written request along with certified proof (letter of testamentary or administration, court order, Power of Attorney form, Trust instrument) they must provide access to transfer, copy, or destroy the account.
Status: Passed June 30, 2014; Effective January 1, 2015
(Click here for the full text of the Bill)
Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
- Delaware has no legislation
Organ Donation Registries
Delaware Organ Donation registry official link.
DMOST (Delaware Medical Orders for Scope of Treatment) Form
Download the DMOST form for Delaware residents.
Probate Laws
Title 12: Decedents’ Estates and Fiduciary Relations
Estate And Inheritance Tax Rate
- Delaware has a 0.8%-16% estate tax rate (exemption threshold: $5.49 million)