Holographic Will

What is a holographic will?

While these types of estate planning documents can be appealing due to their simplicity and the fact that they do not require an attorney or even witnesses, they are not without their potential complications.

In many states, a valid holographic will must be entirely hand-written and signed by the testator, or individual writing the will. Even then, it can sometimes be difficult to prove the validity of a document which is signed with no witnesses present.

Many other states simply do not allow handwritten wills due to the potential for legal difficulties associated with such a will. If you plan to write your own will, be sure to check your local regulations to ensure your wishes are followed.

FAQs 

What states do not recognize holographic wills?

There are 22 states that do not recognize holographic wills.

• Alabama
• Connecticut
• Delaware
• Florida
• Georgia
• Illinois
• Indiana
• Iowa
• Kansas
• Massachusetts
• Minnesota
• Missouri
• New Hampshire
• New Mexico
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• Vermont
• Washington
• Wisconsin

Does a holographic will avoid probate?

No. The will is treated just like any other valid will and is considered during probate court but it does not circumvent the probate process entirely.

Do holographic wills need to be handwritten?

Yes, in almost all cases a holographic will must be written entirely in the handwriting of the testator rather than printing some or all of the document.