Wills and Estates
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What is a holographic
will?
You acknowledge that LAWCHEK™ owns all rights, title, and interest, including and without limitation all intellectual property rights (as defined below), in and to the forms and information (including LAWCHEK™ website and brand features, including implied licenses, and excluding items licensed by LAWCHEK™ from third parties and excluding any third party property), and that you will not acquire any rights, title, or interest in or to the legal forms or information or copyrights, except as expressly set forth on the site in regard to using the legal forms for information gathering purposes. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source copyright from any LAWCHEK™ services or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website or proprietary information related thereto. You will not remove, obscure, or alter the LAWCHEK™ copyright notice, brand features, or other proprietary rights notices affixed to or contained within any LAWCHEK™ services, software, or documentation (including without limitation the use of LAWCHEK™ brand features with online legal forms, web hosting services, website html codes, or LAWCHEK™ website copyrights, as applicable). "Intellectual Property Rights" means any and all rights existing from time-to-time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations, and re-instatements thereof, now or hereafter in force and effect worldwide.
This is not a substitute for legal advice. An attorney must be consulted. To find an attorney in your area, please CLICK HERE.
What is a holographic will?
A Holographic Will is a Will written entirely by the testator in his or her own handwriting and is not witnessed. Black's Law Dictionary 659 (5th ed. 1979). Please see specific state for details and/or differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
A Holographic Will is not recognized as a valid Will since the state law requires that
every Will be witnessed by at least two witnesses.
ALASKA
Alaska recognizes a Holographic Will as a valid Will, whether witnessed or not,
if the signature and material provisions of the Will are in the testator's handwriting.
(Code Section 13.11.160)
ARIZONA
A Holographic Will is recognized as a valid Will, whether or not it is witnessed, if
the material parts of the Will are in the handwriting of the testator and it is signed by the
testator. (Section 14-2503)
ARKANSAS
A Holographic Will is recognized as a valid Will where the entire Will and
signature are in the handwriting of the testator. It must be established by 3
disinterested witnesses that the handwriting and signature are, in fact, that of the
testator. (Section 28-25-104)
CALIFORNIA
A Holographic Will is recognized as a valid Will, whether or not witnessed, as
long as the signature and material portions of the Will are in the testator's own
handwriting. A Holographic Will may be held to be invalid if it does not state the date of
the execution and the date cannot be proven. A Holographic Will is also considered
invalid if the testator lacked the required mental capacity to execute a Will.
(Probate Code Section
6111)
COLORADO
A Holographic Will is recognized as valid, whether or not witnessed, if the
signature and the material parts of the Will are in the handwriting of the testator.
(Section 15-11-502) A document that appears to have been intended to be a Will is
also considered valid if it can be established by clear and convincing evidence that the
decedent intended the document to be a Will. (Section 15-11-503)
CONNECTICUT
Connecticut does not recognize a Holographic Will executed in its state.
However, a Holographic Will that was properly executed in a state which allows such
Wills is valid.
DELAWARE
A Holographic Will is not recognized as a valid Will by this state because it does not
meet the requirements the state has set forth for executing a Will. (Section 12-202)
FLORIDA
Florida does not recognize a Holographic Will as a valid Will. (Section 732.502)
GEORGIA
A Holographic Will is not recognized as a valid Will in the state of Georgia.
HAWAII
Holographic Wills are not recognized as valid Wills in this state. If a holographic
Will was properly executed in a state recognizing their validity, then such a Will may be
admitted to probate in Hawaii. (Section 560:3-409)
IDAHO
Idaho does recognize a Holographic Will, whether witnessed or not, as long as
the signature and material provisions are in the handwriting of the testator. (Section
15-2-503)
ILLINOIS
A Holographic Will is not recognized as a valid Will in this state.
INDIANA
Indiana does not have any state statutes which provide for Holographic Wills.
IOWA
Iowa does not recognize a Holographic Will because they are not executed in
accordance with the laws on executing Wills.
KANSAS
Kansas does not recognize a Holographic Will as a valid Will.
KENTUCKY
Kentucky does recognize a Holographic Will as a valid Will. (Section
394.040)
LOUISIANA
Louisiana does recognize a Holographic Will if it is written by the testator and
dated and signed by the testator. No other formalities are required. (Section
1588)
MAINE
Maine does recognize a Holographic Will, whether witnessed or not, as long as
the signature and material provisions are in the handwriting of the testator. (Section 2-503)
MARYLAND
The Holographic Will recognized as a valid Will must be made by a person
serving in the U.S. Armed Forces and made outside of the United States. However,
this Will is considered void one year after discharge from the Armed Forces. (Section
4-103)
MASSACHUSETTS
Massachusetts does not recognize a Holographic Will as a valid Will.
MICHIGAN
Michigan will recognize a Holographic Will as valid if it is dated and the testator
signed at the end of the Will. Material provisions of the Will must be in the testator's
handwriting. (Section 700.123)
MINNESOTA
Minnesota does not recognize a Holographic Will.
MISSISSIPPI
Mississippi does recognize a Holographic Will as a valid Will. No witnesses are
required. (Section 91-5-1)
MISSOURI
Missouri state law makes no reference to Holographic Wills.
MONTANA
Montana does recognize a Holographic Will as a valid Will, whether or not
witnessed, if the signature and material provisions are in the handwriting of the testator.
NEBRASKA
Nebraska does recognize a Holographic Will as a valid Will, however, it must
have some indication of the date, either written or by some external evidence. If the
holographic Will is the only writing found, it will be considered valid. (Section 30-2328)
NEVADA
Nevada does recognize a Holographic Will as a valid Will if the document is
entirely written, dated and signed in the testator's handwriting. There is no particular
form required other than it be entirely written in the hand of the testator. It can be made
either within or outside of Nevada and there is no requirement that it be witnessed.
(Section 133.030,090,190)
NEW HAMPSHIRE
New Hampshire does not recognize a Holographic Will as a valid Will.
NEW JERSEY
New Jersey recognizes a Holographic Will as a valid Will, whether or not it is
witnessed, if the signature and material provisions are in the handwriting of the testator.
(Title 3B Chapter 3 Section 3)
NEW MEXICO
New Mexico does not recognize a Holographic Will as a valid Will.
NEW YORK
A Holographic Will is considered a valid Will only in the limited circumstance
where it is made by certain members of the U.S. armed forces while serving in a conflict
or by another person who serves with or accompanies the member of the armed forces.
Such a Will must be entirely in the handwriting of the testator to be valid. Such a Will
becomes invalid after 1 year after he or she ceases serving with the armed forces. (NY
Law EPTA Section 3-2.2)
NORTH CAROLINA
North Carolina does recognize a Holographic Will as a valid Will as long as it is
written entirely in the handwriting of the testator. Some immaterial printed matter will
not invalidate the Will. This Will must be signed by the testator in his or her own
handwriting and no witnesses are necessary. The Will must also have been found
after the testator's death, among the valuables, in a safe deposit box, or with a person,
where it appears it was intended to be kept for safe keeping. (Section 31-3.4)
Testimony is required to admit the Will into probate to prove the above requirements.
NORTH DAKOTA
A Will which does not comply with the formal Will execution provisions will be
considered a valid Will, whether or not witnessed, if the signature and material
provisions are in the handwriting of the testator. (Uniform probate code section 2-503)
OHIO
Ohio does not recognize a Holographic Will as a valid Will. A Will must be
executed and witnessed in conformity with Section 2107.03.
OKLAHOMA
Oklahoma does recognize a Holographic Will as a valid Will. (Section 84-54)
OREGON
Oregon does not recognize a Holographic Will as a valid Will.
PENNSYLVANIA
Pennsylvania does recognize a Holographic Will as a valid Will.
RHODE ISLAND
Rhode Island does not recognize a Holographic Will as a valid Will.
SOUTH CAROLINA
South Carolina does not recognize a Holographic Will as a valid Will. However,
certain exceptions are made for Holographic Wills which are validly executed in a state
which allows such Wills, or when an out-of-state probate proceeding is involved.
(Section 62-2-303, 408, 502, 505)
SOUTH DAKOTA
South Dakota does recognize a Holographic Will as a valid Will, whether it is
made within or out of the state and whether or not it is witnessed, if the signature and
material portions are in the testator's handwriting. Intent that the document is the
testator's Will can be established by extrinsic evidence. (Section 29A-2-502)
TENNESSEE
Tennessee recognizes a Holographic Will as a valid Will. The Will is valid if it is
in the testator's handwriting, whether witnessed or not, but the testator's handwriting
must be proven by two witnesses. (Section 32-1-105)
TEXAS
Texas recognizes a Holographic Will as a valid Will. The Will must be entirely
written by the testator, but is not required to be witnessed. It may be proven in one of
two ways: The testator may attach an affidavit stating that this written instrument is his
or her last Will and that he or she was competent to make the Will and that the Will has
not been revoked. (Probate Code Section 60) If the testator does not self-prove the
Will, then at the time of death it must be proved by the testimony of two witnesses as to
the handwriting of the testator. (Probate Code Section 84)
UTAH
Utah recognizes a Holographic Will as a valid Will, whether or not it is
witnessed, as long as the signature and material provisions of the Will are in the
handwriting of the testator. (Section 75-2-503)
VERMONT
Vermont does not recognize a Holographic Will as a valid Will since it does not
meet the execution requirements set forth by state law. (Section 14-5)
VIRGINIA
Virginia recognizes a Holographic Will as a valid Will as long as the Will is
written entirely in the handwriting of the testator. It is not necessary that it be
acknowledged or witnessed. At time of death, the proof of handwriting must be
established by at least two disinterested witnesses. (Section 64.1-49)
WASHINGTON
Washington does not recognize a Holographic Will as a valid Will since it is not
executed according to the formalities set forth by state law. However, the state may
recognize a Holographic Will that was executed in states where it was deemed legally
executed at the time. (Section 11.12.020)
WEST VIRGINIA
West Virginia does recognize a Holographic Will as a valid Will. The Will must
be entirely in the writing of the testator and be signed by the testator. The Will must
evidence an intent that the document is to act as a Will, and the signature must be
intended as a signature to a Will. No acknowledgment or witnesses are necessary.
(Ch. 41, Art. 1, Section 3)
WISCONSIN
Wisconsin does not recognize a Holographic Will because it is not executed
according to state law. However, a Holographic Will executed in a state where it was
considered valid at the time will be recognized. (Section 853.05)
WYOMING
Wyoming does recognize a Holographic Will as a valid Will and there is no
requirement that it be witnessed. (Section 2-6-113)
This is not a substitute for legal
advice. An
attorney must be consulted.
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