Holographic Will: Is a Handwritten Will Valid?

A holographic will is handwritten and has no witness signatures or notary provisions. This type of will can present unique challenges. Only certain states consider it to be a valid will—when it meets their validity requirements. 

In light of the unique state requirements and potential risks in creating a holographic will, you should consider talking to an attorney about your other options, including a traditional will or a trust.

What is a holographic will?  

As per the Uniform Probate Code (Unif. Prob. Code § 2-502[b]), holographic wills are handwritten wills that have not been witnessed or notarized. Because holographic wills have not been signed in the presence of a witness or notary, they tend to create some problems during the probate process. 

If a handwritten will meets all of the legal requirements for a typed will (such as being witnessed or notarized), then, depending on state law, it typically meets the requirements of a valid will and is not considered a holographic will.

What are the legal requirements for a holographic will?

In many states, in order for a holographic will to be valid, it must:

• Be written wholly in the testator’s (the person making the will) handwriting, or the material portions must be in the testator’s handwriting (depending upon the state). 
• Indicate the testator’s intent to make a will (as opposed to, for instance, just some notes being used in anticipation of drafting a will). 
• Clearly describe the property and assets to be distributed, and identify the beneficiaries for each. 
• Demonstrate mental capacity and sound mind to create a will. The testator needs to show an understanding of what the document means and its effects. 
• Be signed by the testator (some states also require that the will be dated).

How to make a holographic will

A will is a crucial part of your estate plan, and you want to get it right. Creating a valid holographic will is similar to writing any other will, except that it needs to be in your own handwriting. The process consists of the following steps.

Include your identity and intent

Your holographic will must include your full legal name. If you created a will under a different name, such as your maiden name, include that name too. The will must also mention intent—the reason why you are creating the will. 

An example would be: “I (full name), also known as (maiden name), residing at (complete address), am creating this will to ensure my property and valuables are distributed according to my wishes upon my death.” 

If you have created a will before, you should mention that this holographic will supersedes any previous will. 

Identify assets 

Make a list of all assets you possess and wish to distribute. Assets can include bank accounts, real estate, retirement savings, digital assets (cryptocurrency), intangible property such as stocks and bonds, collectibles, jewelry, and even business ownership. 

List beneficiaries 

Appointing beneficiaries for each asset makes estate settlement smoother as you avoid conflict and confusion between loved ones. While you can name anyone as a beneficiary, the following tips will ensure your final wishes are carried out as planned:

• Use the full legal name of each beneficiary.
• Name primary and contingent beneficiaries (if possible).
• Appoint a guardian for minor children

Choose an executor

An executor of an estate is legally responsible for managing your estate and carrying out the instructions in your will. It’s an important role, and you want to choose someone who not only has the skills to manage this job but also someone you trust and are comfortable with. If you don’t mention an executor, the probate court will assign an estate administrator. 

Sign and date the will

Before signing, ensure the entire document is legible so others can read and understand it. Then, proceed to sign and date the written document, as this is one of the main validity requirements of a holographic will. 

While writing your own will may seem like a faster and cost-saving option, remember that not all states accept handwritten wills, and they can be easily disputed. Although LegalZoom does not create holographic wills, we can help you make a legally valid last will and testament that reflects your true wishes while also protecting your legacy and family.

Is a handwritten will legal?

The legal acceptance of holographic wills varies by state. Some states don’t accept holographic wills or only recognize them in limited circumstances. For instance, New York only recognizes holographic wills made by someone in active military or naval service or by someone accompanying an armed force officer engaged in active armed conflict (NY Est Pow & Trusts L § 3-2.2). 

States that consider holographic wills to be legal and valid (when they meet the state's laws) are: 

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Hawaii
• Idaho
• Kentucky
• Louisiana
• Maine
• Maryland
• Michigan 
• Mississippi
• Montana
• Nebraska
• Nevada 
• New Jersey
• New York (only for active duty)
• North Carolina
• North Dakota
• Oklahoma
• South Dakota
• Tennessee
• Texas
• Utah
• Virginia
• West Virginia
• Wyoming

Each state may have different rules regarding how a holographic will should be written to be considered valid and enforceable. Utah will accept holographic wills even if just a portion is handwritten, as opposed to Texas, which requires the entire will to be handwritten (Texas Est. Code § 251.052). A few states also require that the will be dated (California, Louisiana, Michigan, Nebraska, and Nevada).

The following states don’t recognize holographic wills made in their state: 

• 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

Some of the above-mentioned states may recognize a holographic will from another state. An attorney can confirm if a state accepts a holographic will.  

When would someone write a holographic will? 

The most common time for someone to make a holographic will is when they are in imminent danger of death, have not already made a will, or wish to change a will, and writing a formal will isn’t feasible. 

Typical examples of such situations would include: 

• A member of the armed forces on the battlefield.
• Someone lost in the wilderness who doesn’t expect to survive.

How to prove a holographic will is valid in court 

Holographic wills can very easily be challenged in court because there are no witnesses. To confirm the validity of a holographic will, many states require the following proof. 

Provide witnesses and testimony

Many states require proof of the will’s validity. This may involve family members being called to testify that they saw the testator write and sign the will or identify the handwriting as that of the testator.

In North Carolina, specific testimony is required to establish that a holographic will was: “Found after the testator’s death among the testator's valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator's authority, or in the possession or custody of some person with whom, or some firm or corporation with which, it was deposited by the testator or under the testator's authority for safekeeping.”

Show handwriting evidence

The courts may need to verify the handwriting and the testator's signature. This can be done with the help of handwriting experts or people familiar with the decedent's handwriting. Problems arise when the handwriting is vague or illegible.

Demonstrate sound mind

A key criteria for validity is the presence of mind and mental capacity. To do this, you could record the testator reading the will to confirm their mental soundness. You can also have family members testify to the testator’s capacity at the time they signed the will.  

Can you contest a holographic will? 

As with any will, a holographic will could be contested for a number of reasons, such as lack of testamentary capacity to make a will or that it’s been executed incorrectly. 

The steps required to contest a will are: 

• Consult a probate attorney. Any legal battle is challenging, and probate is a complex issue. Consult an attorney to see if you really have grounds to contest a will. 
• Understand state statutes. Each state has ground rules around what are valid reasons to contest a will and the time period for filing a complaint, also known as “statutes of limitations.” 
• Gather evidence. If you are challenging a legal document, the burden of proof falls on you. You need to ensure you have sufficient proof to support your claim. Evidence could be handwriting samples, medical records, or witness statements. 
• File a petition. You need to file a petition informing the probate court that you’re challenging the will. 
• Negotiate and settle. You can work with the other party outside the court to find a middle ground. 
• Go to court. If no agreement can be reached, they'll have to present their case before a probate judge, who will make the final decision. This is expensive and time-consuming.

FAQs 

Do holographic wills need witnesses?

By definition, holographic wills don’t need a witness. However, some states, like Delaware, will only recognize holographic wills if there is a witness. 

What are the disadvantages of a holographic will?

The biggest drawback of holographic wills is their legal validity. The informal nature (lack of witnesses and notarization) of such wills makes them easy to challenge. Because most individuals use a holographic will without the presence of a lawyer, they might not understand the full complexity of estate law and can make drafting errors. 

Can a holographic will be revoked?

Only the testator can revoke or cancel the holographic will before their death. It’s best to consult an attorney if you need to revoke or modify any existing wills. 

What are the most common types of wills?

The most common types of wills are joint wills, simple wills, and testamentary trust wills. Each kind of will has a different purpose. For example, a testamentary trust will is commonly used when the testator’s beneficiaries are minors. 

Edward A. Haman, Esq., contributed to this article.