State-Specific Legal Forms

Delaware quitclaim deeds must be acknowledged and recorded with the Recorder of Deeds in the county of property; realty transfer tax applies.

Delaware adopted the Durable Personal Powers of Attorney Act; POAs must be notarized and signed by one witness to be valid.

Delaware requires wills be in writing, signed by the testator, and witnessed by two credible adults; nuncupative wills are limited.

Delaware uses an Advance Health-Care Directive that combines a living will and healthcare proxy under the Uniform Health-Care Decisions Act.

Delaware LLC Act gives maximum freedom of contract; operating agreements may be oral, written, or implied and need not be filed.

Delaware caps security deposits at one month's rent for leases of one year or more; no cap for shorter leases.

Delaware requires a 5-day notice for nonpayment of rent and a 7-day notice for lease violations under the Landlord-Tenant Code.

Delaware Justice of the Peace Courts hear civil claims up to $25,000; no separate small claims court.

Delaware requires six months' residency and a six-month separation period for no-fault divorce based on irreconcilable differences.

Delaware name changes require publication once a week for three consecutive weeks in a newspaper before the Court of Common Pleas grants the change.

Delaware warranty deeds provide full title covenants and must be acknowledged and recorded with the county Recorder of Deeds.

Delaware requires a bill of sale for vehicle title transfers at the DMV; no state sales tax but a 4.25% document fee applies.

Delaware enforces premarital agreements under common law; agreements must be in writing, voluntary, and with full financial disclosure.

Delaware caps rental application fees at the greater of $50 or 10% of monthly rent under the Landlord-Tenant Code.

Delaware does not generally require a demand letter, but it tolls statutes of limitations under certain consumer fraud statutes.

Delaware service of process is generally made by the sheriff; the return of service is filed with the court.

Delaware promissory notes are governed by UCC Article 3; Delaware has no usury cap for licensed lenders, 5% legal rate otherwise.

Delaware enforces NDAs under contract law; the Delaware Uniform Trade Secrets Act provides additional protection for trade secrets.

Delaware enforces reasonable non-competes; courts apply blue-pencil rule to modify overbroad restrictions to make them enforceable.

Delaware allows modification when a substantial change in circumstances exists or every 2.5 years from the prior order.