Delaware Code

12 Del. C. § 1310 (2026)

Formal testacy proceedings; contested cases; testimony of attesting witnesses

✓ current as of May 2026

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If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, and, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit, the will shall be admitted to probate subject to all other provisions of this title.

59 Del. Laws, c. 384, § 1;

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1955–2024 · leading case: In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970).

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In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970). · cites it 4× “The appeal raises a single question: did the Register have power to revoke the letters testamentary before completion of the procedure provided in 12 Del.C. § 1310? I conclude that he did not.”

In Re Dougherty's Will, 114 A.2d 661 (Del. Super. Ct. 1955). · cites it 5× “After the contestant posted the cost bond required by 12 Del.C. § 1310 [1] *662 and after a hearing in which the executrix of the will was proponent, the Register of Wills found that the contestant "failed to make out a prima facie case" and the petition for review was dismissed.”

Felicia Bey v. Karen Renee Leake (Del. Ch. 2024). “55 See 12 Del. C. § 1310. 11 23. The Petitioner proved, in a clear, direct, precise, and convincing manner, that the signature on the Purported Will is not genuine and was not affixed by the Decedent.”

— 12 Del. C. § 1310(a) — 1 case

In re Est. of Reed, 270 A.2d 834 (Del. Ch. 1970). “The appeal raises a single question: did the Register have power to revoke the letters testamentary before completion of the procedure provided in 12 Del.C. § 1310? I conclude that he did not.”

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