Advance Directive Form

Delaware’s Advance directive form specifies an individual’s chosen healthcare proxy and instructions regarding their health care, treatment, organ donation, and living and last will. The form must be signed by the individual, proxy, and two witnesses.

How to Order a Death Certificate

The following people can request a death certificate in Delaware:

• Deceased’s spouse
• Deceased’s parents or legal guardian
• Deceased’s children
• Authorized attorney or legal representative of the deceased or their family members

The following information is required for the application:

• Deceased’s full legal name and sex
• Deceased’s date and place of birth
• Date and place of death
• The legal names of the deceased’s parents
• Applicant’s name, phone number, and address
• Applicant’s relation to the deceased

The certificate with one certified copy costs $25. The fee is non-refundable and cash is not accepted.

The application can be mailed to:

Office of Vital Statistics

Division of Public Health

417 Federal Street

Dover, DE 19901

Or handed in person in the local health department.

Digital Estate Planning Law

Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act authorizes an individual’s legal representative who can access and control their digital assets and communications. This bill was adopted on January 1, 2015.

Death With Dignity Legislation or Aid-in-Dying or Physician-Assisted Death

The Delaware Death and Dignity Act was assigned to the House Health & Human Development Committee in 2021. The bill progress can be tracked here.

Organ Donation Registry

Delaware’s organ donation registry can be accessed here. A MyDMV account is required to access the service.

Physician Order for Life Sustaining Treatment (POLST)

Delaware’s POLST was adapted into the Delaware Medical Orders for Scope of Treatment (DMOST). This form must be completed only after a conversation with a patient or their representative. It’s necessary for patients who are at risk of a life-threatening clinical event due to a life-limiting medical condition.

Probate Laws

Information on Delaware’s legislation on the decedent’s will regarding their estate and other assets can be found in Title 12: Decedent’s Estates and Fiduciary Relations Act.

Estate and Inheritance Tax

Delaware has up to 16% estate tax. Full information on the state’s estate and inheritance taxes can be found here.