While the term “holographic will” might conjure up futuristic images of glowing testaments appearing out of thin air (admit it, that would be pretty cool!), the reality is a bit more down-to-earth. In the legal world, a holographic will simply refers to a will that is entirely handwritten and doesn’t follow the typical legal requirements but may still be enforced. Think pen and paper, not lasers and holograms. These handwritten wills often have less stringent requirements than traditional formal, witnessed wills, offering a simpler, more accessible option for those in urgent situations.
Though not recognized in every state, holographic wills can be a valuable tool for those facing emergencies or lacking access to legal assistance. Some states only allow holographic wills for people active in the Armed Forces. Let’s explore the ins and outs of these unique documents and learn how they might be useful to you.
What is a holographic will?
A holographic will is a will that is usually handwritten by the will-maker but not witnessed or executed properly, but still may be considered valid by the state under certain circumstances. Again, a little over half of the states allow holographic wills, others limit holographic wills to only people in the Armed Forces, and others only recognize holographic wills if executed in other states properly.
What states allow holographic wills?
So, which states allow holographic wills? Here’s a comprehensive list of the states that allow these informal wills and the statute that permits such documents:
- Alaska (Alaska Stat. § 13.12.502)
- Arizona (Ariz. Rev. Stat. § 14-2503)
- Arkansas (Ark. Code § 28-25-104)
- California (Cal. Prob. Code § 6111)
- Colorado (Colo. Rev. Stat. § 15-11-502)
- Hawaii (Haw. Rev. Stat. § 560:2-502)
- Idaho (Idaho Code § 15-2-503)
- Kentucky (Ky. Rev. Stat. § 394.040; Ky. Rev. Stat. § 446.060)
- Louisiana (La. Code Civ. Proc. art. 2883)
- Maine (Me. Stat. tit. 18-C § 2-502)
- Michigan (Mich. Comp. Laws § 700.2502)
- Mississippi (Miss. Code § 91-7-10)
- Montana (Mont. Code § 72-2-522)
- Nebraska (Neb. Rev. Stat. §§ 30-2328)
- Nevada (Nev. Rev. Stat. § 133.090)
- New Jersey (N.J. Stat. § 3B:3-2)
- North Carolina (N.C. Gen. Stat. § 31-3.4)
- North Dakota (N.D. Cent. Code § 30.1-08-02)
- Oklahoma (Okla. Stat. tit. 84 § 54)
- Pennsylvania (20 Pa. C.S. § 2502)
- South Dakota (S.D. Codified Laws § 29A-2-502)
- Tennessee (Tenn. Code § 32-1-105)
- Texas (Tex. Est. Code § 256.154)
- Utah (Utah Code § 75-2-502)
- Virginia (Va. Code § 64.2-403)
- West Virginia (W. Va. Code § 41-1-3)
- Wyoming (Wyo. Stat. § 2-6-113)
Special cases:
- In New York and Maryland, you can create a holographic will, but only if you are a member of the Armed Forces. (Md. Code, Est. & Trusts § 4-103; N.Y. EPTL 3-2.2).
The laws are ever changing, so make sure to double check with your state to see if holographic wills are valid in your state.
Requirements for a valid holographic will
The requirements for a valid holographic will vary from state to state, but generally, a holographic will is valid if it is entirely or mostly in the handwriting of the will-maker, signed at the bottom of the document. There is no need for the will to have witnesses. State legislatures generally allow for this more “lenient” version of a will to encompass urgent needs, such as during active combat, on one’s deathbed, or other situations where death may be imminent and someone wants to devise their assets ASAP.
You shouldn’t rely on the validity of holographic wills unless absolutely necessary
You may be thinking, “Wow, forget having witnesses to my will, I can just handwrite my will and I don’t need it to be signed! It’s so much easier that way!” But what you’re failing to understand is that this actually can make it harder on your beneficiaries one day to enforce the provisions of the will because they may need to provided witnesses and evidence that your handwriting is actually yours.
The only people that should consider getting a holographic will is someone in an urgent situation where death may be imminent. The safest route is to always follow the requirements for a simple will in your state. This generally means signatures and appropriate witnesses, and following your state’s laws.
Challenges of holographic wills
Holographic wills should be reserved for emergency situations only. There are several challenges that holographic wills may face:
- Validity challenges: Holographic wills have a higher risk of being contested due to handwriting disputes, lack of witnesses, and/or improper formatting.
- Interpretation issues: Since holographic wills are primarily in the will-maker’s handwriting, the words can be ambiguous, leading to confusion about the will-maker’s wishes.
- Limited complexity: A holographic will may not be able to cover a wide variety of issues, such as charitable donations or what to due with the remainder of the estate.
- Vulnerability to loss or damage: Utilizing a holographic will creates a greater risk of being misplaced or destroyed compared to formally stored wills.
If you must create a holographic will, here are some tips on creating a valid one
While every state is different, they generally all require the same thing: for the entire holographic will to be in the handwriting of the will-maker and for it to be signed by the will-maker.
Here are some other tips to creating a valid holographic will:
- Use clear and concise language. You don’t want to have any issues trying to dissect your intentions.
- Write legibly to avoid misinterpretations in your handwriting.
- Include a clear statement of testamentary intent. For example, something like “I, Jane Doe, being of sound mind and body, do hereby declare this document to be my Last Will and Testament, and I direct my property be distributed as follows…”
- Date the will accurately. This can avoid any issues with previous wills or future will conflicts.
- Sign the will clearly and at the bottom of the document.
- Keep the will in a safe place and inform someone you trust about its location.
The bottom line on holographic wills
Holographic wills are handwritten wills that are signed by the will-maker but do not follow any other formalities that are required by the state, such as having witnesses. It’s important to understand that not all states allow for holographic wills. Unless you are in a truly dire situation, you should follow the normal requirements for a regular will which generally includes having witnesses and other formalities.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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