Holographic Will: How to Create a Legally Valid One
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A holographic will is a will that is handwritten and signed by the author, called the testator. Holographic wills are not validated by witnesses or notary signatures. They are not legally valid in every state, and some states only allow them in specific circumstances, such as active military duty.
Holographic wills are free to make and can be written in an emergency, though they’re typically not the most secure option for estate planning. They can be harder to verify during probate, the court-supervised process for validating a person’s will and distributing their assets after death.
You can make a will without a lawyer, for free or inexpensively, using an online template or will-writing software and by following your state’s requirements for validation.
» Need a will? Check out our roundup of the best online will makers
Pros and cons of a holographic will
Advantages | Drawbacks |
---|---|
Doesn’t require a lawyer. | Not legally recognized in some states. |
Doesn’t require a witness or notary signature. | May be more likely to be contested during probate. |
Can be the only option for estate planning in an emergency situation. | Must be handwritten, which can increase the likelihood of mistakes and make changes difficult. |
How to create a holographic will
Each state has its own rules about what makes a holographic will, but most require that you follow these steps:
Write the entire will in your own handwriting, with no typed components or other features on the page. Write legibly to ensure that others can easily read the document.
State clearly that it is your will, such as by writing “This is my last will and testament” at the beginning.
Name your executor, the person who will administer your estate during probate and distribute your assets. For example, you can write, “I name Sarah Smith as the independent executor of my estate.” In some states, such as Texas, you may need to add that you want your executor to “serve without bond,” which may help avoid certain court fees.
Include the same basic components as a standard will, such as naming the beneficiaries for your assets and naming a guardian for minor children.
Sign and date the document. Your own signature is the only verification for a holographic will.
What is the purpose of a holographic will?
A holographic will is the simplest way to designate where your property should go after you die. It’s a method to make sure your loved ones know your final wishes without a lawyer, witness or notary signature.
Holographic wills aren’t legally valid in all U.S. states, and they can be difficult to verify in probate. The court will need to verify your handwriting, for example, and without witness signatures, the probate court (or a family member, friend or stranger) might question the circumstances of the will, such as whether you wrote it with undue influence or whether it was your final version.
Price (one-time)Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples. | Price (one-time)$149 for estate plan bundle. Promotion: NerdWallet users can save up to $10. | Price (one-time)Will: $199 for Basic, $299 for Premium with attorney assist. Trust: $499 for Basic, $599 for Premium with attorney assist. |
Price (annual)$19 annual membership fee. | Price (annual)$39 | Price (annual)$199 per year for attorney assistance after the first year. |
Access to attorney supportYes | Access to attorney supportNo | Access to attorney supportYes |
Where is a holographic will valid?
Compare online will makers
AdvertisementCompany | NerdWallet rating | Price (one-time) | Price (annual) | Access to attorney support | Learn more |
---|---|---|---|---|---|
Ease of use Trust & Will - Will Get started on Trust & Will's website | Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples. | $19 annual membership fee. | Yes | Get started on Trust & Will's website | |
Digital Assets GoodTrust Get started on GoodTrust's website | $149 for estate plan bundle. Promotion: NerdWallet users can save up to $10. | $39 | No | Get started on GoodTrust's website | |
State-specific legal advice LegalZoom - Last Will Get started on LegalZoom's website | Will: $199 for Basic, $299 for Premium with attorney assist. Trust: $499 for Basic, $599 for Premium with attorney assist. | $199 per year for attorney assistance after the first year. | Yes | Get started on LegalZoom's website | |
Comprehensive services Nolo’s Quicken WillMaker - WillMaker Get started on Nolo's website | $109 to $219 | $39 per year to make changes after the first year | No | Get started on Nolo's website |