Holographic will

What it means

A holographic will is handwritten and signed by the person making it. The defining feature is the handwriting, which is what a court uses in place of witnesses.

States divide sharply: some recognize them, some recognize them only from members of the armed forces or in imminent peril, and some do not recognize them at all.

Even where recognized, printed or typed portions can invalidate the document or be disregarded.

Why it matters

A handwritten note found after a death is a real question, not a curiosity, and the answer depends entirely on the state.

Where it is not recognized, the estate passes as though there were no will — which is often the opposite of what the note says.

When you are likely to meet it

• When a handwritten document turns up among a parent's papers.
• When somebody wrote something down and never had it witnessed.
• When a state's recognition of such a will is in question.

How this varies by state

Whether a state recognizes a holographic will at all, and under what conditions, is set by state law and differs completely between states.

Related terms

• CodicilAn amendment to a will. It changes part of it and leaves the rest standing.
• IntestateDying without a valid will, so the estate passes by the state's own rules rather than by anybody's wishes.
• Self-proving affidavitA sworn statement attached to a will, signed by the witnesses in front of a notary, so that a court can accept the will without tracking them down.
• TestatorThe person who made the will.
• WillA written document saying who should receive what, and who should be in charge of seeing that it happens.
• Will contestA formal challenge to whether a will is valid, brought in the probate court by somebody who would be affected if it were not.
• Witness requirementsWho must watch a document being signed, how many, and whether they may also benefit from it. Getting this wrong can void the whole document.

Sahvelo guidance that uses this

• The will