Posted by: Bryan Jones on 02/20/2017

Can You Probate a Handwritten Will?

Can You Probate a Handwritten Will?

A will or testament is a legal declaration by which a person provides for the transfer of his/her property at death. For the devolution of property not disposed of by will. Most Wills are prepare by an attorney. However, in many states handwritten Wills or  holographic Wills, are valid.  State laws can be very specific requirements for handwritten Wills.

Holographic wills are frequently created in emergency situations, and many states that do not recognize handwritten Wills have found them valid if an emergency existed at the time of the Will’s creation.  Most states accept Handwritten Wills written by members of the armed services involved in armed conflicts and sailors at sea.

As a general minimal requirements of holographic or handwritten Wills (1) Will must be prepared in your own handwriting. (2) There must be some evidence that the testator (deceased) actually created the Will, and this can be proved through the use of witnesses, handwriting experts, individuals who can attest the testator’s hand writing or other methods. (3) The testator must have had the mental capacity to write the Will, such capacity is presumed unless there is evidence to the contrary. (4)  The testator must be giving a directive as to the distribution o f his estate to beneficiaries. (5) Some states require the document to signed by the testator.

About 30 states accepted  unwitnessed holographic Wills. A professionally prepare Will is always the best choice to insure your wish are cared out but an holographic Will is always viable option.  Make sure you research the laws of your state or consult with an attorney before deciding on a handwritten Will.

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