Delaware Code

12 Del. C. § 1306 (2026)

Choice of law as to execution and proving of wills

✓ current as of May 2026
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(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.

59 Del. Laws, c. 384, §  170 Del. Laws, c. 186, §  180 Del. Laws, c. 150, §  1
Notes of Decisions
Cited in 2 cases, 1988–2007 · leading case: In Re Last Will & Testament of Palecki, 920 A.2d 413 (Del. Ch. 2007).
In Re Last Will & Testament of Palecki, 920 A.2d 413 (Del. Ch. 2007). “Therefore, Gornik must rest his motion on the Delaware statute, 12 Del. C. § 1306, which permits the validation of wills that do not comply with the formalities specified in § 202 in defined circumstances.”
In Re Est. of Sidlow, 543 A.2d 1143 (Pa. 1988). “384, § 1, 12 Del. C. § 1306. 2 . The record reveals that the validity of the 1977 will is being actively challenged in the courts of Delaware.”
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