Delaware § 1306 - Choice of law as to execution and proving of wills.
Full text of Delaware Delaware Code § 1306 — Choice of law as to execution and proving of wills., with citation guidance and answers to common questions.
§ 1306. Choice of law as to execution and proving of wills.
(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, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 150, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 1306
What does Delaware Code § 1306 cover?
Section 1306 ("Choice of law as to execution and proving of wills.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1306?
A common citation format is "Delaware Code § 1306" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1306 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.