Holographic Will: Definition and State Requirements

This content has been reviewed and edited by an Investment Advisor Representative working for Global Predictions, an SEC-registered Investment Advisor.

Creating a will is an important step in ensuring your wishes are followed after your death. One type of will that often generates questions is the holographic will (or olographic testament). In this guide, we’ll explain what it is, how it works, and the state requirements for ensuring its legal validity.

What Is a Holographic Will?

A holographic will is a handwritten document outlining how you want your assets distributed after your death. It differs from traditional wills because it’s not typed, usually lacks witness signatures, and is typically written by the person themselves.

While it’s a quick option, particularly in emergencies where legal help isn’t accessible, holographic wills can be harder to prove as valid due to the lack of formal witnesses.

Key Elements of a Holographic Will

For a holographic will to be legally recognized, it must meet certain criteria that vary by state. Common elements include:

• Entirely Handwritten: The will must be fully written by the testator (the person making the will). Typed portions are generally not allowed.
• Signed by the Testator: The testator’s signature is crucial to confirm the will’s authenticity.
• Clear Intent: The document must clearly indicate it’s a will. Vague notes or unclear instructions may render it invalid.

Pros and Cons of Holographic Wills

Pros:

• Quick and Easy: No legal assistance or formalities required, making it a fast option in emergencies.
• No Witnesses Needed in Some States: Many states allow holographic wills without requiring witness signatures.

Cons:

• Easily Contested: Without witnesses, proving authenticity can be difficult, increasing the chances of disputes among heirs.
• Not Accepted Everywhere: Some states do not recognize holographic wills, which can cause complications.

Where Are Holographic Wills Accepted?

State laws regarding holographic wills vary significantly. Here’s an overview of how some states approach this issue:

• California: Yes, California allows holographic wills, as long as they’re completely written and signed by the person making the will. Two witnesses must sign the will during the testator’s lifetime who witnessed either the signing of the will or the testator’s acknowledgment of the signature or the will and understand that the instrument is the testator’s will.
• Texas: Also accepts holographic wills if they’re fully written by hand. Two or more credible witnesses who are at least 14 years old must attest to the will and sign it in their own handwriting in the presence of the testator. Texas allows anyone over 18 (or who’s been married or who is a member of the US armed forces (or an auxiliary)) to make a will.
• New York: Accepts holographic wills only in rare cases — mainly for military members or sailors at sea. And even then, the will is only valid for a limited time. Typically, you need two witnesses (who must sign their names and provide their addresses at the end of the will) and a properly executed will to make it official (within 30 days).
• Florida: Is stricter and does not allow holographic wills at all. If you live in Florida, your will needs to be signed by you and two witnesses to be valid.

Each state has its own rules, so it’s always a good idea to check local laws or talk to a legal professional if you’re unsure whether your will meets the requirements. For more detailed information on state laws, click here.

Important Considerations for Holographic Wills

While a holographic will can be a helpful stopgap, it carries significant risks. Because it’s so easy to contest, especially without witnesses, your heirs may face legal challenges in proving its validity. Some common risks include:

• Disputes Among Heirs: Without formal witnesses, heirs might question the authenticity or mental state of the testator, leading to lengthy legal battles.
• Non-Recognition in Certain States: In states like Florida, holographic wills are not accepted at all. Relying on one could mean your wishes are not legally followed.