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What to expect with holographic wills in California

The last will and testament concern an individual’s assets and how they will be distributed. A handwritten will is valid under California law if it meets minimal requirements. Known as a holographic will, it is an acceptable legal document that many testators use.

What is a holistic will?

A holistic will, also known as a holographic will, is a handwritten will and testament that is signed by the testator. This type of will is treated similarly to a will that is typed, signed, and validated by witnesses. Estate administration and probate is a complex field of law, but most holographic wills are qualified to be probated.

Wills in California

According to California Probate Code §6111(a), a holographic will that is signed but not witnessed still qualifies as a valid will. The signature must be in the testator’s handwriting.

A holographic will is invalidated if there is no date for its execution. If there are other inconsistencies as to its provisions or the time and date of execution, it is invalidated. In addition, if the testator was found to be incapacitated during the making of the will, the document becomes invalid.

When is a holographic will used?

A holographic will is a technical term for a document that is handwritten instead of typed and printed. You may seek this type of will if you want to avoid the legal complexities of making a will using a formal document. However, not every state allows a holographic will, and California sets minimum standards that a testator has to make. It’s important to check the probate codes to ensure that your wishes will be upheld when you pass away.