Mutual Wills Package with Last Wills and Testaments for Married Couple with Adult Children - California 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in Field [1] and your spouse's name in Field [4].
  3. Fill in the names and birth dates of your children in Fields [5] to [10].
  4. In Article Three, specify any specific property you wish to bequeath. If none, type 'none' in Field [11].
  5. For your homestead, enter your spouse's name in Field [29]. If jointly owned, note the joint tenant.
  6. Complete Articles Five and Six by entering your spouse's name and any alternate beneficiaries.
  7. Designate a Personal Representative in Article Seven by filling out Fields [34] and [35].
  8. Review all entries for accuracy before saving or printing the document.

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Usually, the executor is named in the last will and testament and is likely the surviving spouse, adult child, a trusted family member, or a trusted friend.
If the common intention is expressed in one instrument, the will may be called a joint will, and if the testators have executed two separate instrument to manifest their common intention, the will may be called a mutual will.
In many states(most?) inheritance, to a married person, it is owned solely by the spouse who inherits it. It becomes community property if the inheritance money is intermingled with jointly owned money such as a married couples joint bank account. In that case the inheritance becomes jointly owned by both spouses.
Top five mistakes when writing a Will Failing to have the Will witnessed correctly. All Wills need to be signed in the presence of two independent witnesses, who in turn must sign the document. Creating a DIY Will. Forgetting key assets. Not updating the Will after your circumstances change. Not writing one at all.
Different Times of Death is the Most Important Reason For Separate Will For Husband and Wife. The chances are quite high that you will not pass away at the same time. If you have a joint will when one of you passes away, it can be much more difficult to work through executing the will for just the other party.