Published on Investopedia
By Julia Kagan
Updated July 8th, 2024
Holographic wills are not accepted in all states and are subject to each state’s laws.
A holographic will is a handwritten and testator-signed document and is an alternative to a will produced by a lawyer. Some states do not recognize holographic wills. States that do permit holographic wills require the document meet specific requirements to be valid. The minimal requirements for most states are proof that the testator wrote the will, and evidence that the testator had the mental capacity to write the will.
Holographic wills do not need to be witnessed or notarized, which can lead to some issues during will validation in probate court. To avoid fraud, the testator must sign the will, and the court will determine whether the will and signature were by the testator’s hand.
Handwriting experts or people familiar with the decedent’s handwriting must convince the court that the signature was indeed that of the deceased. Problems arise when the handwriting is vague or illegible.
As with any will, a testator to a holographic will must be explicit as to named beneficiaries and the receipt of property or assets, such as stocks, bonds, and fund accounts. The testator may also detail circumstances for recipients to meet to receive named assets.
