A holographic will is written and signed entirely in the handwriting of the testator.
What you need to know
A holographic will must be entirely handwritten, not typed.
Holographic wills are not accepted in all states and can be considered invalid.
Holographic wills do not require witnesses but must be signed by the testator.
A holographic will, also known as a handwritten will, is as simple as it sounds: a will written completely in the testator’s handwriting.
In order for the will to be valid, it must be signed by the testator and found among his or her valuable papers, a safe deposit box, or in the custody of a firm or corporation who is holding it for safe keeping.
The testator must also be of mental capacity to write the will, and must clearly state their wishes on how to disperse property.
Although this may seem like a simple way to plan the disbursement of an estate, most lawyers do not recommend holographic wills.
These wills can be very problematic because most people do not consider all aspects of drafting a will, and they can leave out important information or use unclear language that can create conflict, leading to a delay in the probate process.
Plus, only certain states allow holographic wills.
Those states include:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Idaho
- Kentucky
- Louisiana
- Maine
- Michigan
- Mississippi
- Montana
- Nebraska
- Nevada
- New Jersey
- North Carolina
- North Dakota
- Oklahoma
- Pennsylvania
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
Holographic wills in any other state will NOT be considered valid.
A probate guide written for people who aren’t lawyers
Probate is notoriously confusing. Small estate affidavits, formal vs. simple administration, executors & executrixes— there’s more than enough jargon to make your head spin. We get it, and that’s why we made a probate guide that actually tells you what you need to know without assuming anything. You’ll walk away with a tangible timeline, actionable next steps and real clarity on what probate actually means for you and your family.
Jimmy decides that he wants to create a holographic will. He writes it in his handwriting and signs his name at the end. Jimmy specifies how he wants all of his assets to be distributed, proving that he is competent. He then puts it in the will vault of his local bank. When he dies, his will would be honored and is considered valid.
In collaboration with
Jack Wilkes
Jack is currently attending Campbell University studying Trust and Wealth Management and will begin pursuing his MBA in the Fall. Jack grew up in Charlotte, North Carolina and is a member of the Campbell University Football Team.
In collaboration with
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