Q.What states allow a holographic Will?
A.Below is a list of states and whether and in what circumstances they will recognize a Holographic (handwritten) Will:
ALABAMA:
A Holographic Will is not recognized as a valid Will since the state law requires that every Will be witnessed by at least two witnesses.
ALASKA:
Alaska recognizes a Holographic Will as a valid Will, whether or not it is witnessed, if the signature and material parts of the Will are in the testator's own handwriting. (Code Section 13.11.160)
ARIZONA
A Holographic Will is recognized as a valid Will, whether or not it is witnessed, if the signature and the material parts of the Will are in the testator's own handwriting. (Section 14-2503)
ARKANSAS
A Holographic Will is recognized as a valid Will if the entire Will and signature are in the testator's own handwriting and three witnesses sign and date a statement on your Will saying they witnessed you sign your Will. The three witnesses must not be a beneficiary under your Will. (Section 28-25-104)
CALIFORNIA
A Holographic Will is recognized as a valid Will, whether or not witnessed, if the Will is dated and the material parts of the Will and the signature are in the testator's own handwriting. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will. (Probate Code Section 6111)
COLORADO
A Holographic Will is recognized as a valid Will, whether or not witnessed, if the signature and the material parts of the Will are in the testator's own handwriting. (Section 15-11-502 and 503)
CONNECTICUT
A Holographic Will is not recognized, but the state will honor one properly executed (properly signed, dated, and witnessed) in a state that allows a holographic Wills.
DELAWARE
A Holographic Will is not recognized by the state. (Section 12-202)
FLORIDA
A Holographic Will is not recognized by the state. (Section 732.502)
GEORGIA
A Holographic Will is not recognized by the state.
HAWAII
A Holographic Will is not recognized, but the state, but if a holographic Will was properly executed in a state recognizing their validity, then the Will may be admitted to probate in Hawaii. (Section 560:3-409)
IDAHO
A Holographic Will is recognized as a valid Will, whether or not witnessed, if the signature and material parts are in the testator's own handwriting. (Section 15-2-503)
ILLINOIS
A Holographic Will is not recognized by the state.
INDIANA
Indiana does not have any state statute that provides for a Holographic Will.
IOWA
A Holographic Will is not recognized by the state.
KANSAS
A Holographic Will is not recognized by the state.
KENTUCKY
A Holographic Will is recognized by the state as a valid Will. (Section 394.040)
LOUISIANA
A Holographic Will is recognized by the state as a valid Will if it is dated and signed by the testator and the entire Will is in the testator's own handwriting. (Section 1588)
MAINE
A Holographic Will is recognized by the state as a valid Will, whether witnessed or not, if the signature and material parts are in the testator's own handwriting. (Section 2-503)
MARYLAND
The Holographic Will is recognized by the state as a valid Will only if it is made by a person serving in the U.S. Armed Forces outside of the U.S.. Such a Will is considered void one year after discharge from the U.S. Armed Forces. (Section 4-103)
MASSACHUSETTS
A Holographic Will is not recognized by the state.
MICHIGAN
A Holographic Will is recognized by the state as a valid Will, whether witnessed or not, if the date of execution, signature, and material parts of the Will are in the testator's own handwriting. (Section 700.123)
MINNESOTA
A Holographic Will is not recognized by the state.
MISSISSIPPI
A holographic Will is recognized by the state as a valid Will. No witnesses are required. (Section 91-5-1)
MISSOURI
Missouri state law makes no reference to Holographic Wills.
MONTANA
A Holographic Will is recognized by the state as a valid Will, whether or not witnessed, if the signature and material parts are in the testator's own handwriting.
NEBRASKA
A Holographic Will is recognized by the state as a valid Will, whether or not witnessed, if it is dated and the signature and material parts are in the testator's own handwriting.
NEVADA
A Holographic Will is recognized by the state as a valid Will if it is dated and signed by the testator and the entire Will is in the testator's own handwriting. There is no requirement that it be witnessed. (Section 133.030,090,190)
NEW HAMPSHIRE
A Holographic Will is not recognized by the state.
NEW JERSEY
A Holographic Will is recognized by the state as a valid Will, whether or not witnessed, if the signature and material parts are in the testator's own handwriting. (Title 3B Chapter 3 Section 3)
NEW MEXICO
A Holographic Will is not recognized by the state.
NEW YORK
A Holographic Will is recognized by the state as a valid Will only if it is made by a person serving in the U.S. Armed Forces while in conflict outside of the U.S. and the will is entirely in the testator's own handwriting. Such a Will is considered void one year after discharge from the U.S. Armed Forces. (NY Law EPTA Section 3-2.2)
NORTH CAROLINA
A Holographic Will is recognized by the state as a valid Will if it is entirely in the testator's own handwriting. No witnesses are required. Such a Will must be found after the testator's death, among his or her valuables, in a safe deposit box, or with a person with whom it was intended to be kept for safe keeping. Testimony is required to admit the Will into probate to prove the above requirements.
NORTH DAKOTA
A Holographic Will is recognized by the state as a valid Will, whether or not witnessed, if the signature and material parts are in the testator's own handwriting.
OHIO
A Holographic Will is not recognized by the state.
OKLAHOMA
A Holographic Will is recognized by the state as a valid Will.
OREGON
A Holographic Will is not recognized by the state.v
PENNSYLVANIA
A Holographic Will is recognized by the state as a valid Will.
RHODE ISLAND
A Holographic Will is not recognized by the state.
SOUTH CAROLINA
A Holographic Will is not recognized by the state, unless it was handwritten and validly executed in a state which allows such Wills, or it is the subject of an out-of-state probate proceeding.
SOUTH DAKOTA
A Holographic Will is recognized by the state as a valid Will, whether or not witnessed, if the signature and material parts are in the testator's own handwriting.
TENNESSEE
A Holographic Will is recognized by the state as a valid Will, if: (1) the will is witnessed by two people and (2) the signature and material parts are in the testator's own handwriting.
TEXAS
A Holographic Will is recognized by the state as a valid Will if the signature and the entire will is in the testator's own handwriting and (1) the testator attaches an affidavit stating that this written instrument is his or her last Will and that he or she was competent to make the Will and that the Will has not been revoked, (2) it is witnessed by two people, or (3) there are two people who can testify that the will is in fact in the testator's own handwriting.
UTAH
A Holographic Will is recognized by the state as a valid Will, whether or not it is witnessed, if the signature and material parts are in the testator's own handwriting. (Section 75-2-503)
VERMONT
A Holographic Will is not recognized by the state.
VIRGINIA
A Holographic Will is recognized by the state as a valid Will if the entire Will is in the testator's own handwriting. Although such a Will need not be acknowledged or witnessed, a probate court will require at least two disinterested witnesses to prove that it was in fact written by the testator.
WASHINGTON
A Holographic Will is not recognized by the state. However, the state may recognize a Holographic Will validly executed in another state that recognizes Holographic Wills.
WEST VIRGINIA
A Holographic Will is recognized by the state as a valid Will if the entire Will and the signature are in the testator's own handwriting.
WISCONSIN
A Holographic Will is not recognized by the state. However, the state may recognize a Holographic Will validly executed in another state that recognizes Holographic Wills.
WYOMING
A Holographic Will is recognized by the state as a valid Will, whether witnessed or not.
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