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Delaware Mutual Wills Package

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Delaware Will Instructions - Married with Adult Children

This will is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

If you ordered and received this Will in hard copy, you may also use these instructions to complete the will, leaving the reference numbers, and placing the names, etc. you desire next to the field numbers.

The Will contains Articles which cover various matters. The information below is designed to assist you in completing the fields contained in the articles of the Will.

Article / Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

Article One

Field [4] - Type the name of your spouse.

Fields [5] – [10] Type the name(s) and birth date(s) of your children.

Article Three

This article is for you to specify specific property to go to a specific person. If you do not leave any, type none and delete the fields.

Field [11] - Type name.

Field [12] - Type street address.

Field [13] - Additional Address line.

Field [14] - City, State, Zip.

Field [15] - Relationship.

Field [16] - Describe the property to go to this person.

Field [17] - Type name.

Field [18] - Type street address.

Field [19] - Additional Address line.

Field [20] - City, State, Zip.

Field [21] - Relationship.

Field [22] - Describe the property.

Field [23] - Type name.

Field [24] - Type street address.

Field [25] - Additional Address line.

Field [26] - City, State, Zip.

Field [27] - Relationship.

Field [28] - Describe the property.

Article Four

This article is for you to leave your homestead, if you have one on the date of death to persons designated.

Field [29] - Type name of your spouse.

Note: If your home is jointly owned with another and held as joint tenants with rights of survivorship, the home will pass to the survivor and will not be controlled by your will. If this is the case, name the joint tenant in field 29.

Article Five

This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three.

Field [30] - Type name of your spouse.

Article Six

This article is to provide an alternate distribution of the rest and remainder of your property should your spouse predecease you and the provisions for distribution contained in Article Five cannot be carried out.

Field [31] - Type the name of your child(ren).

Fields [32] – [33] Omitted.

Article Seven

This article is for you to name your personal representative. This must be an adult and can be your spouse.

Field [34] - Type name of Personal Representative.

Field [35] - Type name of successor Personal Representative.

Article Ten

This article provides instructions regarding the interpretation of your will.

Field [36] - Type the name of your spouse. This clause is a common disaster clause and provides whose Will will control if you both die in a common disaster.

Article Eleven

All parts of Article 11 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [37] - Type name of Cemetery.

Field [38] - Type County.

Field [39] - Type State.

Ending and Signature

Fields [40] - [46] - Your name.

All other blanks in the Will are typically completed by hand, such as the names of the witnesses, day, month and year executed, etc.

Once you have completed the Will double check all entries and then print. The Will should be signed by you in front of two witnesses, not related to you. Please sign all pages of the Will in the places designated.

The self-proving affidavit is used to prove the Will and make the Will subject to probate. If the affidavit is not completed now, someone will have to locate the witnesses after your death and obtain an affidavit. Therefore, it is best to sign the Will in the presence of two witnesses AND a notary public so that the affidavit can be completed by the Notary.

You should keep your Will in a safe place once executed. It is also recommended that you give a copy to your executor or other person as additional proof of execution.

Last Will and Testament

Signed by Testator/Testatrix:

Last Will and Testament of

I, of County, Delaware, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

Article One - Marriage and Children

I am married to and have the following adult children:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Article Two - Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate.

Article Three - Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

Name: Address:

Additional Address: Relationship:

Property:

Name: Address:

Additional Address: Relationship:

Property:

Name: Address:

Additional Address: Relationship:

Property:

In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will.

Article Four - Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my spouse, if he or she survives me.

Article Five - All Remaining Property

I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my spouse,

Article Six - Contingent Residuary Clause

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my child(ren)

Article Seven - Personal Representative

I hereby appoint as Personal Representative of my estate and this Will.

Successor Personal Representative:

Article Eight - Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

Article Nine - Powers of Personal Representative

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

Article Ten - Construction Intentions

In the event that my spouse, and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she may have made.

Article Eleven - Misc. Provisions

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

I desire to be buried in the cemetery in County,

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, having signed this Will in the presence of and who attested it at my request on this the day of , 20 at declare this to be my Last Will and Testament.

Testator/Testatrix

Signature

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of on this the day of , 20 .

Witness Signature

Print Name:

Address:

City, State, Zip:

Phone:

Witness Signature

Print Name:

Address:

City, State, Zip:

Phone:

Delaware Self Proving Affidavit

STATE OF DELAWARE

COUNTY OF

Before me, the subscriber, on this day personally appeared, , and known to me to be the testator/testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument...

Testator/Testatrix

Typed Name:

Witness

Witness

Subscribed, sworn and acknowledged before me by , the testator/testatrix, subscribed and sworn before me by , and witnesses, this day of , 20 A.D.

(SEAL)

(SIGNED)

(OFFICIAL CAPACITY OF OFFICER)

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What the Delaware Mutual Wills Package Is

The Delaware Mutual Wills Package bundles reciprocal testamentary documents used by two or more testators who agree on identical or coordinated distributions of estate assets. It includes paired wills and any related self-proving affidavits or clauses that memorialize the binding agreement between parties. While the package clarifies mutual disposition and executor appointments, mutual wills can create continuing obligations after death and may limit a survivor's ability to revoke certain provisions. State formalities and enforceability depend on Delaware probate rules and general testamentary law.

Why a Mutual Wills Package Matters for Estate Planning

A structured mutual wills package documents reciprocal commitments and reduces ambiguity that commonly triggers probate disputes.

Why a Mutual Wills Package Matters for Estate Planning

Who Typically Prepares or Signs These Packages

The Delaware Mutual Wills Package is used by paired testators and the professionals who advise them.

  • Couples and long-term partners creating reciprocal estate plans
  • Estate planning attorneys preparing coordinated testamentary documents
  • Executors and fiduciaries managing joint estate administration

Primary Roles and Responsibilities

Testator

The person making the will. Must have testamentary capacity, sign in the required form, and acknowledge any mutual agreement; failure to follow formalities risks invalidation during probate.

Estate Attorney

Drafts and explains reciprocal clauses, prepares self-proving affidavits when available, advises on revocation mechanics, and coordinates filing with the probate court to reduce administration delays.

Core Elements Included in a Professional Package

A complete Delaware Mutual Wills Package includes clauses and supporting documents that make the mutual intent, execution, and administration clear for courts and fiduciaries.

Mutual Agreement

A clear, written statement that both testators enter a binding reciprocal arrangement and intend their wills to be interpreted together as part of one plan.

Mirror Provisions

Coordinated dispositive clauses that allocate identical or complementary assets to named beneficiaries, reducing ambiguity about estate division.

No-Revocation / Covenant

An express clause describing whether and when the survivor may revoke provisions, and any contractual limitations that may affect post-death revocability.

Executor Designations

Named primary and alternate executors, with powers and successor rules to streamline estate administration and reduce contested appointments.

Self-Proving Affidavit

A notarized affidavit attached at signing to make probate easier by eliminating live witness testimony at estate administration when a state permits.

Ancillary Documents

Supporting exhibits such as asset schedules, beneficiary contact lists, and notarized declarations that simplify identification and transfer of estate property.

Step-by-Step: Preparing and Executing the Package

Follow these steps to draft, sign, and preserve mutual wills to reduce disputes and ease probate administration.

  • 01
    Draft Documents: Work with counsel to draft coordinated wills and any mutual covenant language.
  • 02
    Identify Parties: Confirm full legal names, capacities, and beneficiary identifiers before signing.
  • 03
    Sign with Witnesses: Execute each will with required witnesses and any self-proving affidavit in the same session if permitted.
  • 04
    Preserve Originals: Store originals securely and provide copies to executors or counsel for probate filing.

Customizing an Online Signing Workflow

Configure the digital workflow to capture required attestations, witness details, and secure storage during e-enabled preparation.

Field Configuration
Signer authentication Enable SMS code or email link for identity verification.
Witness capture Collect witness name, signature, and witness address fields.
Notary / RON Mark notary steps as manual upload when RON is not allowed.
Document retention Set secure retention periods and export signed PDF/A files.

Where to Send or File the Executed Package

After execution, route originals and certified copies to the parties and the probate authority that will handle administration.

  • Executor: Provide the original will to the named executor for safekeeping.
  • Estate Attorney: Deliver a certified copy to counsel to prepare probate filing documents.
  • Probate Court: File the original or certified copy with the county probate clerk after death.
  • Trusted Storage: Store an additional original with a bank safe deposit or secure records provider.

Practical Tips to Reduce Risk and Delay

Adopt consistent drafting, signing, and storage practices to minimize contested administration and preserve testators' intentions.

Use clear mutual language
Draft an explicit mutual agreement clause stating the intent and effect of reciprocal provisions, and confirm whether either party may revoke separate testamentary changes.
Create a self-proving affidavit
When permitted, attach a notarized self-proving affidavit at signing so witnesses' testimony is not required during probate, streamlining admission of the wills.
Name alternates and trustees
Identify alternate executors and successor trustees with contact details to prevent administration gaps if a primary designee cannot serve.
Store originals securely
Keep originals in a bank safe deposit, attorney trust file, or county recorder as appropriate, and provide executors with certified copies for immediate access.

Common Pitfalls to Avoid

  • Mismatched or incomplete names for beneficiaries that complicate identification and distribution during probate.
  • Failing to execute all documents in the same witnessed session, which can raise contested revocation claims.
  • Vague reciprocal clauses that do not clearly state whether surviving testators can later revoke or alter terms.
  • Storing only copies of originals or failing to provide executors with access to original signed wills.

Consequences of Improper Preparation or Execution

Will invalidation: Testamentary defects can render a will void
Probate litigation: Increased contested claims and court costs
Higher attorney fees: Extended administration increases legal expense
Delayed distribution: Assets may not pass to beneficiaries promptly
Tax exposure: Poor drafting can create unanticipated tax consequences
Loss of intent: Survivor may be unable to effect original agreement

How Mutual Wills Compare to Other Testamentary Forms

Mutual wills are related to but distinct from joint and mirror wills; comparison clarifies enforceability and execution format differences.

Criteria Mutual Wills Joint Will Mirror Wills
Binding agreement often yes sometimes yes
Single instrument
Revocable by survivor often restricted usually restricted usually revocable
Common use spouses/partners married couples spouses/partners

eSignature Vendor Snapshot for Executing Will-Related Documents

This comparison highlights baseline pricing, feature availability, and compliance considerations for common eSignature vendors; signNow is listed first per comparative convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Delaware Mutual Wills

Answers to common questions about execution, electronic signing, witnesses, revocation, and probate admission for mutual wills.


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