A last will and testament is an essential document that every person should have in place before their passing. It determines how an individual’s assets are distributed, allowing them complete control over where their property will end up and who will have ownership.
Contact our legal team for help with any aspect of creating or modifying a holographic will in Huntington Beach. Our dedicated wills attorneys are here to guide you through this process, ensuring your will is legally sound and your wishes are upheld.
Differentiates Between a Holographic Will and a Traditional Will
A holographic will is handwritten and personally signed by the will-maker, while a traditional will is typically typed on a computer and signed by two witnesses. A traditional will can prevent a document from being ambiguous due to someone’s handwriting and ensure that language is clear-cut.
Holographic and traditional wills in Huntington Beach are generally treated as equally valid. Once lodged with the court, the probate investigator will examine both the original typed and the holographic will. If they are determined to be valid, the court would generally adhere to the will and the decedent’s wishes.
Are Holographic Wills Difficult to Get into Probate?
The major challenge with holographic wills is identifying them. For instance, a will-maker may have written something and then put it away, without telling people where it is. Family members may also believe that something handwritten appears too informal and would likely not be enforceable in probate.
However, when lawyers speak with clients, if there are any handwritten notes or potential wills, they typically request a copy to determine whether to submit them through probate. Most of the time, any handwritten will signed by the decedent can be lodged and left up to the probate court to decide on its validity.
How Do the Probate Proceedings of a Holographic Will Appoint a Personal Representative?
Often, a will that the decedent has handwritten may not be very detailed. If the document does not clearly state who the executor will be, then it is up to the court to make that determination. Most commonly, the petitioner of that probate estate will be appointed as the personal representative or executor.
An Attorney’s Role in Dealing With a Holographic Will
A Huntington Beach lawyer could review a holographic will for their client and help determine whether it would be enforceable. For example, if a family member has died and left behind a handwritten last testament, a lawyer could examine a copy and give an opinion on its validity. If the document appears enforceable, they would proceed with probating the estate or administering the will.
Learn More About Holographic Wills From a Huntington Beach Attorney Today
If you have any more questions or concerns regarding holographic wills in Huntington Beach, do not hesitate to reach out to our reliable legal team today. Our determined estate planning attorneys could sit down with you to review a last will and testament, whether it is your own or a loved one’s.
You deserve peace of mind about where your property and assets will go after your passing, and we could help you determine that.
