A holographic will is written and signed entirely in the handwriting of the testator.
What you need to know
A holographic will must be entirely handwritten, not typed.
Holographic wills are not accepted in all states and can be considered invalid.
Holographic wills do not require witnesses but must be signed by the testator.
A holographic will, also known as a handwritten will, is as simple as it sounds: a will written completely in the testator’s handwriting.
In order for the will to be valid, it must be signed by the testator and found among his or her valuable papers, a safe deposit box, or in the custody of a firm or corporation who is holding it for safe keeping.
The testator must also be of mental capacity to write the will, and must clearly state their wishes on how to disperse property.
Although this may seem like a simple way to plan the disbursement of an estate, most lawyers do not recommend holographic wills.
These wills can be very problematic because most people do not consider all aspects of drafting a will, and they can leave out important information or use unclear language that can create conflict, leading to a delay in the probate process.
Plus, only certain states allow holographic wills.
Those states include:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Idaho
- Kentucky
- Louisiana
- Maine
- Michigan
- Mississippi
- Montana
- Nebraska
- Nevada
- New Jersey
- North Carolina
- North Dakota
- Oklahoma
- Pennsylvania
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
Holographic wills in any other state will NOT be considered valid.
What to do when a loved one dies
When people die, they leave behind a life that must be closed out. Don't tackle it all alone. From planning the funeral to tackling the legal & financial estate, here's an ultimate checklist of all the things an executor needs to do following the loss of a loved one.
Learn moreJimmy decides that he wants to create a holographic will. He writes it in his handwriting and signs his name at the end. Jimmy specifies how he wants all of his assets to be distributed, proving that he is competent. He then puts it in the will vault of his local bank. When he dies, his will would be honored and is considered valid.
In collaboration with
Jack Wilkes
Jack Wilkes is a trust professional and Private Wealth Client Account Manager at Northern Trust Wealth Management in Boston, MA.
Jack received his undergraduate degree in Trust and Wealth Management from Campbell University in North Carolina, along with a minor in Financial Planning. Jack continued his education with an MBA in Financial Services, also from Campbell University.
Jack is a frequent industry writer on trust, wealth management and fiduciary topics.
In collaboration with
This could be you
Atticus values the expertise and professional experience of our partners and community of contributors. And we appreciate that's what makes the fiduciary industry so uniquely special.
After all, being a fiduciary isn't something that's just learned— it's a mindset that's demonstrated, tested and enduringly earned.
That's why Atticus is built around a community of passionate executors, attorneys, wealth advisors, probate clerks and other professional fiduciaries.
🤔 Who else are we missing? You!
Join our mission to support families through some of life's most difficult events as we foster financial literacy for fiduciary topics like probate, estate planning, estate administration & inheritance.
Everyone leaves a legacy... together, let's make the process easier.
