FAQ: What happens if a will wasn’t properly signed under Delaware law?

Short answer: If a will is not executed according to Delaware’s formal requirements, the probate court may refuse to admit it as a valid will. That can cause the estate to be distributed under intestacy rules (or under an earlier valid will, if one exists). In some cases the court may nonetheless admit the document if there is convincing evidence the decedent intended it to be their will. This page explains the common consequences, possible remedies, and practical next steps.

Detailed answer — how Delaware handles improperly signed wills

Delaware law sets formal requirements for admitting a document as a legally enforceable will. Courts typically expect a written document signed by the testator and witnessed in the manner required by statute. If those formalities are missing (for example, the testator did not sign, the signature is missing or ambiguous, or required attesting witnesses did not sign), the probate court may determine the document fails to meet the statutory requirements and therefore is not a valid will.

When a will is treated as invalid during probate, these consequences commonly follow:

Probate denial. The court may decline to admit the document to probate. The estate then proceeds as if no valid will were offered.
Intestate distribution. If the challenged document was the only alleged testamentary instrument, the estate will be distributed under Delaware’s intestacy rules (statutory heirship), which allocate assets to surviving spouse, children, parents, siblings, etc. (See Title 12, Delaware Code for decedents’ estates: https://delcode.delaware.gov/title12/.)
Earlier will controls. If the decedent left an earlier properly executed will, that earlier will may be admitted and control distribution.
Appointment of personal representative. The court will appoint an administrator or distribute according to the procedure that applies when there is no valid will. Administration procedures and priority for appointment follow Delaware’s decedents’ estates rules (see Title 12: https://delcode.delaware.gov/title12/).

There are, however, two common avenues that may save an otherwise defective testamentary document:

Holographic or handwritten wills (if recognized). Some states admit handwritten wills without witnesses when the signature and material provisions are in the decedent’s handwriting. Whether Delaware recognizes such wills depends on state requirements and case law. Check Title 12 and consult counsel about whether a handwritten document might qualify.
Judicial relief for formal defects. Many probate courts can consider extrinsic evidence showing that the decedent intended the document to serve as a will. If the court finds clear and convincing evidence of testamentary intent, it may admit the document despite defective execution. The availability and standard of that relief vary by jurisdiction and by specific statutory provisions or case law—consult the Delaware statutes and a probate attorney promptly (see Title 12: https://delcode.delaware.gov/title12/).

Practical effects for heirs, beneficiaries, and fiduciaries

If a will is invalidated:

Beneficiaries named only in the invalid document lose any testamentary gifts unless the court admits the document under an exception.
Heirs under intestacy may receive property instead of intended devisees.
Creditors’ claims, taxes, and administration tasks still must be handled by the court-appointed personal representative.
Disputes commonly increase litigation, delay distributions, and raise legal fees.

How courts decide disputed wills

A probate court will review the file, hearing testimony and evidence to decide:

Whether the document meets statutory execution formalities.
Whether an earlier valid will exists.
Whether equitable doctrines or admissibility rules allow the document despite defects (for example, proof of clear testamentary intent).

The court’s analysis will rely on the relevant provisions of Delaware’s decedents’ estates statutory scheme and on prior Delaware decisions. For statutory text and chapter listings, see Title 12, Delaware Code: https://delcode.delaware.gov/title12/.

Helpful hints — what to do if you face an improperly signed will

Act quickly. Probate deadlines and statutes of limitation can bar claims or remedies.
Search for an earlier valid will or codicil. An earlier properly executed will may control.
Gather evidence of intent. Save drafts, handwritten notes, emails, text messages, witness names, and any documents showing the decedent’s estate-plan intent.
Locate witnesses. If witnesses exist, their affidavits or testimony about the signing ceremony can be vital.
Check for a self-proving affidavit. A self-proving affidavit signed at the time of execution simplifies admission to probate.
Consider mediation. If heirs and beneficiaries dispute validity, mediation can limit costs and preserve family relationships.
Consult a Delaware probate attorney early. A lawyer can evaluate statutory options, identify court procedures, and file necessary petitions or objections.
Be prepared for alternatives. If the will is denied, learn how Delaware intestacy rules distribute assets (see Title 12: https://delcode.delaware.gov/title12/).

When to consult an attorney

Talk with a probate attorney if any of the following apply:

The will appears unsigned or lacks required witness signatures.
There is an earlier will or multiple competing documents.
Heirs fear an intestacy outcome they do not want.
There is suspicious or conflicting evidence about the decedent’s intent.

An attorney can advise whether the probate court in Delaware is likely to admit the document despite defects, whether statutory exceptions apply, and what proof will be needed.

Disclaimer: This article explains general principles under Delaware law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Delaware probate attorney.