The most important testamentary document for those who have passed away is the last will and testament. Traditional wills are typed and the signatures must be witnessed for them to be deemed valid. Yet, there are situations where a document may not have gone through the specific requirements as laid out by California law.
A holographic will is a testamentary document that is handwritten and signed by the testator. It does not need to have a witness to the signature, as long as it is clear the document was intended to be the person’s will. Our knowledgeable wills attorneys could offer insight into implementing a holographic will in Orange County.
What Makes Holographic Wills Difficult to Get Into Probate?
The lack of a witness makes it difficult – but not impossible – for holographic wills to be deemed valid during probate. By its very nature, there is no indication or evidence to show the testator had a sound mind to create it, and thus is it can be trumped by other documents that may be proven to be that person’s will.
Although rare, a holographic will in Orange County can be perfectly valid and would be admitted to probate if it was clearly the testator’s writing, with a date and signed witnesses. It does not have to be typed, but these other elements would put it into a much better position to be admitted into probate. Holographic wills are not subject to the same treatment as traditional wills. They will be placed under strict scrutiny as to whether or not they will be admitted.
Holographic Wills in Probate
A holographic will is going to have a probate proceeding similar to a regular will; but a holographic will can be admitted to probate if someone who knew the decedent or has personal knowledge of their handwriting can testify that the will was written by the decedent.
As long as the testator had a sound mind at the time of drafting the will and was at least 18 years old at the time of signing, then that will is valid and would be honored in the same way a traditional will. However, its validity can be challenged if somebody declares the decedent was not of sound mind when it was made.
A testator in Orange County, whether under a holographic will, a regular will, or no will at all, has the same obligation to appoint a personal representative for their estate. Anyone can be named a personal representative in the State of California. However, there are levels of priority for people to be appointed, and people with the highest priority would be the testator’s spouse and children.
Legal Counsel and Holographic Wills
An estate planning attorney would never assist anyone in drafting the holographic will because of the potential problems that could present later. Usually, if someone has hired an attorney, they will draft a will that will not present as many problems as a holographic will. However, if an attorney is sitting with someone who was trying to administer a holographic will that already exists, then they would provide assistance on declaring it valid for probate proceedings.
Call an Orange County Attorney if You Wish to Discuss Your Holographic Will
It is highly encouraged that you write a traditional will that can be validated upon your death. If all you have is a holographic will, we can still assist. Learn more about how to deal with holographic wills in Orange County by reaching out to the Amity Law Group today.
