EDUCATIONAL PILLAR · HOLOGRAPHIC WILLS
Holographic wills — handwritten, unwitnessed, and (sometimes) valid
A holographic will is handwritten in the testator's own hand and (in most recognizing states) does not require witnesses. 25 of the 51 jurisdictions recognize them. The cross-state portability of a holographic will turns on the choice-of-law rule of the domicile state at death.
- Recognizes (25)
- Narrow exception (2)
- Does not recognize (24)
What "holographic" requires
In recognizing states the typical statutory requirement is that the material provisions and signaturebe in the testator's handwriting. Some states require the entire will to be in the testator's handwriting (older statutory pattern); most modern statutes follow the UPC §2-502(b) pattern requiring only material provisions and the signature. A date is not always required, but is strongly advised.
Why it matters for cross-state portability
When the testator dies in a state that does not recognize holographic wills, the choice-of-law rule (typically derived from UPC §2-506) controls. Most states honor a will validly executed under the law of the place of execution OR the testator's domicile at execution. A holographic will written in California (CA recognizes holographic) and admitted to probate in a state like Florida is a borderline case — Florida's §732.502(2) honors out-of-state wills if validly executed, but Florida's domestic rule does not recognize holographic wills, creating doctrinal tension.
The cross-state validity decoder runs the conditional and returns VALID / INVALID / UNCERTAIN with statute pins.
States that recognize holographic wills (25)
- Alaska — Holographic will is valid if material portions are in testator's handwriting and is signed by testator. Verification pendingAlaska Stat. §13.12.502(2)
- Arizona — Material provisions in testator's handwriting and signed by testator. Verification pendingAriz. Rev. Stat. §14-2503
- Arkansas — Holographic will valid if entire body and signature in testator's handwriting. Verification pendingArk. Code §28-25-104
- California — Material provisions in testator's handwriting; signed by testator; date not required. Primary sourceCal. Probate Code §6111
- Colorado — Material portions in testator's handwriting; signed by testator. Verification pendingColo. Rev. Stat. §15-11-502(2)
- Idaho — Material portions in testator's handwriting and signed by testator. Verification pendingIdaho Code §15-2-502(2)
- Kentucky — A will wholly written and signed by the testator is valid without witnesses (Kentucky's holographic exception). Verification pendingKy. Rev. Stat. §394.040
- Louisiana — Olographic testament: entirely written, dated, and signed in the testator's handwriting. Verification pendingLa. Civ. Code art. 1575
- Maine — Material portions in testator's handwriting and signed by testator (UPC pattern adoption). Primary source18-C M.R.S. §2-502(2)
- Michigan — Material portions in testator's handwriting; signed and dated by testator. Verification pendingMich. Comp. Laws §700.2502(2)
- Mississippi — Wholly written, dated, and subscribed by the testator in their own handwriting. Verification pendingMiss. Code §91-5-1
- Montana — Material portions in testator's handwriting and signed by testator. Per Mont. Code §72-2-522(2). Primary sourceMont. Code §72-2-522(2)
- Nevada — A holographic will is one in which the signature, date, and material provisions are in the testator's handwriting. Verification pendingNev. Rev. Stat. §133.090
- New Jersey — Material portions in testator's handwriting and signed by testator. Verification pendingN.J. Stat. §3B:3-2(b)
- North Carolina — A holograph will may be written by the testator in his own handwriting, signed by him, found among his valuable papers. Verification pendingN.C. Gen. Stat. §31-3.4
- North Dakota — Material portions in testator's handwriting and signed by testator (UPC pattern). Verification pendingN.D. Cent. Code §30.1-08-02(2)
- Oklahoma — Olographic will entirely written, dated, and signed by the hand of the testator. Verification pending84 Okla. Stat. §54
- Pennsylvania — Pennsylvania does not require witnesses on a will signed by the testator; an unwitnessed will written and signed by the testator (a 'holographic' will in practical terms) is valid. Verification pending20 Pa. C.S. §2502
- South Dakota — Material portions in testator's handwriting and signed by testator (UPC pattern). Verification pendingS.D. Codified Laws §29A-2-502(b)
- Tennessee — A holographic will is valid where its material provisions and signature are in the handwriting of the testator and the handwriting is proved by two witnesses. Verification pendingTenn. Code §32-1-105
- Texas — A will written wholly in the handwriting of the testator is not required to be attested by witnesses. Verification pendingTex. Estates Code §251.052
- Utah — Material portions in testator's handwriting and signed by testator (UPC pattern). Verification pendingUtah Code §75-2-502(2)
- Virginia — A will wholly in the testator's handwriting is valid without further requirements, provided its handwriting and signature are proved by at least two disinterested witnesses. Verification pendingVa. Code §64.2-404
- West Virginia — A will wholly in the handwriting of the testator may be admitted to probate without witnesses if its handwriting is proved. Verification pendingW. Va. Code §41-1-3
- Wyoming — Material portions in testator's handwriting and signed by testator. Verification pendingWyo. Stat. §2-6-113
States with narrow exceptions (2)
- Florida — Florida does not recognize holographic wills generally, but §732.502(2) admits a will valid where executed if it was attested by witnesses (so an out-of-state unwitnessed holographic remains problematic). Primary sourceFla. Stat. §732.502(2)
- New York — New York generally requires two witnesses; nuncupative and holographic wills are valid only when made by members of the armed forces during a war or by mariners while at sea, and are invalidated one year after discharge or three years after the will is made (whichever comes later). Verification pendingN.Y. EPTL §3-2.2
States that do NOT recognize holographic wills (24)
- Alabama — Alabama requires two competent witnesses for any will; holographic wills are not recognized. Verification pendingAla. Code §43-8-131
- Connecticut — Connecticut requires two witnesses; holographic wills not recognized. Verification pendingConn. Gen. Stat. §45a-251
- Delaware — Delaware requires two witnesses; holographic wills not recognized. Verification pending12 Del. C. §202
- District of Columbia — DC requires two witnesses; holographic wills not recognized. Verification pendingD.C. Code §18-103
- Georgia — Georgia requires two witnesses; holographic wills not recognized. Verification pendingGa. Code §53-4-20
- Hawaii — Hawaii requires two witnesses; holographic wills not recognized. Verification pendingHaw. Rev. Stat. §560:2-502
- Illinois — Illinois requires two witnesses; holographic wills not recognized. Verification pending755 ILCS 5/4-3
- Indiana — Indiana requires two witnesses; holographic wills not recognized. Verification pendingInd. Code §29-1-5-3
- Iowa — Iowa requires two witnesses; holographic wills not recognized. Verification pendingIowa Code §633.279
- Kansas — Kansas requires two witnesses; holographic wills not recognized. Verification pendingKan. Stat. §59-606
- Maryland — Maryland requires two witnesses; holographic wills not recognized (with limited military exception under §4-103). Verification pendingMd. Code, Est. & Trusts §4-102
- Massachusetts — Massachusetts requires two witnesses; holographic wills not recognized. Verification pendingMass. Gen. Laws ch. 190B §2-502
- Minnesota — Minnesota requires two witnesses; holographic wills not recognized. Verification pendingMinn. Stat. §524.2-502
- Missouri — Missouri requires two witnesses; holographic wills not recognized. Verification pendingMo. Rev. Stat. §474.320
- Nebraska — Nebraska requires two witnesses; holographic wills not recognized. Verification pendingNeb. Rev. Stat. §30-2327
- New Hampshire — New Hampshire requires two or three witnesses; holographic wills not recognized. Verification pendingN.H. Rev. Stat. §551:2
- New Mexico — New Mexico requires two witnesses; holographic wills not recognized. Verification pendingN.M. Stat. §45-2-502
- Ohio — Ohio requires two witnesses; holographic wills not recognized. Verification pendingOhio Rev. Code §2107.03
- Oregon — Oregon requires two witnesses; holographic wills not recognized. Verification pendingOr. Rev. Stat. §112.235
- Rhode Island — Rhode Island requires two witnesses; holographic wills not recognized. Verification pendingR.I. Gen. Laws §33-5-5
- South Carolina — South Carolina requires two witnesses; holographic wills not recognized. Verification pendingS.C. Code §62-2-502
- Vermont — Vermont requires two or three witnesses; holographic wills not recognized. Verification pending14 V.S.A. §5
- Washington — Washington requires two witnesses; holographic wills not recognized. Verification pendingWash. Rev. Code §11.12.020
- Wisconsin — Wisconsin requires two witnesses; holographic wills not recognized. Verification pendingWis. Stat. §853.03
Frequently asked questions
What is a holographic will?
A holographic will is a handwritten will in the testator's own hand. In states that recognize holographic wills, the typical statutory requirement is that the material provisions and signature be in the testator's handwriting. Witnesses are not required.
How many states recognize holographic wills?
Roughly half. The 50-state map identifies states with full unconditional recognition (~25 jurisdictions), Louisiana's distinct olographic testament, and two narrow-exception states (NY for armed forces / mariners; FL with carve-outs).
What happens if I wrote a holographic will in a recognizing state and moved to one that doesn't?
Most domicile states honor an out-of-state will validly executed where signed, under UPC §2-506. But specific state language (e.g., Florida's §732.502(2)) may carve out holographic wills. Run the decoder for your specific fact pattern; UNCERTAIN results warrant re-execution.
Does a holographic will need to be dated?
Modern statutes (UPC §2-502(b) pattern) do not require a date — only material provisions and signature in handwriting. A date is strongly advised because it resolves ambiguity if multiple wills exist.
Can I make a holographic codicil to a typed witnessed will?
In states that recognize holographic wills, yes — but the analysis depends on the state. A holographic codicil to a previously-witnessed will may be valid even in a state that requires witnesses for the original will (because the codicil is itself a holographic will). State precedent varies; consult an estate-planning attorney.