Delaware Legal Last Will and Testament Form for Divorced Person Not Remarried with Adult and Minor Children 2025

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How to use or fill out Delaware Legal Last Will and Testament Form for Divorced Person Not Remarried with Adult and Minor Children

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in your name and county of residence at the top of the form. This establishes your identity as the testator.
  3. In Article One, list your children’s names and dates of birth. This section is crucial for identifying beneficiaries.
  4. Proceed to Article Two, where you will direct your Personal Representative to pay any debts and funeral expenses. Ensure clarity on these obligations.
  5. In Article Three, specify any specific bequests of property. Clearly state the name, address, relationship, and property details for each beneficiary.
  6. Continue to Article Four to designate how all remaining property should be distributed among your children. Be precise about shares and conditions.
  7. If applicable, complete Articles Five through Eleven regarding trusts for minor beneficiaries, appointment of guardians, and powers granted to your Personal Representative.
  8. Finally, sign the document in front of witnesses as required by Delaware law to validate your will.

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Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance, and the right to use any intestate real estate for life. (Del. Code . 12, 502 (2023).)
What happens if I die without a will? If you die without a will or your will is rejected, your estate is considered to be intestate. Intestate estates are divided among the decedents spouse and other heirs ing to Delawares laws.
Intestate Succession: Spouses and Children Spouse inherits gets first $50,000, then the estate, plus lifetime use of real estate. Children get the other . spouse gets of your intestate assets, plus the right to use any real estate for life. Children get everything else.
If the person did not have a will or trust, often a close relative will handle any probate. If the person was married when they died, their spouse is often the person. Or, if they have adult children, then an adult child.
Immediate steps to take if your loved one did not have a will Choose someone to take charge. Compile a list of their assets and debts. Compile a list of all living relatives. Get copies of the death certificate. Petition for probate. Publish a notice of petition to administer the estate. Consider consulting a lawyer.
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It is the legal duty of any person in possession of any document that might be a will to deliver it to the register of wills within 10 days after receiving notice of your death. The original will, not a copy, must be filed with our office.
In Delaware, an estate must be probated if (i) the deceased owned more than $30,000 in personal property in his/her name alone; OR (ii) the deceased owned real property in his/her name alone (either solely held or as a tenant in common).
Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate. No person under the age of 18 years shall be capable of making a will either of real or personal estate. Code 1852, 1644; 14 Del.

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