Wills & Estate Planning
Handwritten wills can be valid under specific circ*mstances.
Composed by Houston Volunteer Lawyers • Last Updated on January 11, 2023
Texas law sometimes recognizes handwritten, or "holographic," wills. Learn the steps you need to take and the information you need to include in order for a handwritten will to be valid.
What are my options if I want to create a will?
There are two ways to have a valid will in Texas. One way is with a holographic will, which is examined below. The other way is with a formal will, which must be witnessed.
A handwritten will might not be appropriate for your situation. For a formal will template, TexasLawHelp also carries theWill Forms - Approved by the Supreme Court of Texas.
What is a holographic will?
A holographic will is a will that is entirely in your own handwriting. If done correctly, it is valid and can be legally enforced. To make a valid handwritten will in Texas, the entire document must be in your own handwriting.
No one can write any part of it except for you and no part of it can be typed.You can write in cursive or print, but the entire will must be in your handwriting only.
You must write legibly so other people can easily read and understand what you wrote.
How do you make a valid holographic will in Texas?
To make a valid holographic will in Texas, it is recommended you do the following:
- Write that it is your will.
- Write who you want to receive your belongings.
- Write who you want to serve as the “independent executor.”
- Thisis someone you trust to show your will to a court, pay your debts, and give out your belongings.
- They can be the same person who receives your belongings.
- Write that you want your independent executorto “serve without bond.”
- Note: To “serve without bond” means that your “independent executor” will not have to give money to the court for a bond.
- Courts usually require a bond to make sure money is not stolen or misused. But if you trust this person, using this language makes it easier for them to give out your belongings.
- Put the date that you write the will.
- Sign the will.
Do I have to sign the handwritten will in front of a notary?
Your handwritten “holographic” will does not need to be signed in front of witnesses or a notary.
When you write your will, it is bestto write in blue ink. Then, if a copy is made, it will be easier to tell which is the original. Place your will in a safe place and tell your independent executor where this is.
Where can I find a sample handwritten will?
Houston Volunteer Lawyerscreated two simple sample holographic wills.
If you use one of them, you must copy the sample to another sheet so that it is written in your own handwriting.
I'm still worried about doing it wrong. Who can I talk to?
You should speak with an attorney to discuss your estate planning needs if you are able. Having a formal will written by a lawyer is recommended and a holographic will should be used in more emergency situations.
If you need help finding a lawyer, you can:
Use ourLegal Help Directoryto search for a lawyer referral service, legal aid office, or self-help center in your area.
Check ourLegal Events and Clinicspage for free legal clinics in your area.
UseAsk A Questionto chat online with a lawyer or law student.
Visit Houston Volunteer Lawyersfor the most up-to-date version of this document.
Thisdo-it-yourself guide by the Houston Volunteer Lawyers Program was created in the context of the COVID-19 pandemic and the resulting limits on people's ability to meet with attorneys and others.
As an expert in estate planning and wills, I have extensive knowledge of the legal intricacies involved in creating a valid will, particularly in the context of Texas law. My expertise is grounded in a comprehensive understanding of the legal frameworks and specific regulations surrounding holographic wills, which are handwritten wills that hold validity under certain conditions.
In the provided article, "Wills & Estate Planning," the focus is on the recognition of handwritten or "holographic" wills under Texas law. Let's break down the concepts and key information discussed in the article:
1. Holographic Wills in Texas:
- Definition: A holographic will is one that is entirely in the individual's own handwriting.
- Validity: If executed correctly, a holographic will can be legally enforced in Texas.
- Requirement: The entire document must be in the individual's own handwriting, with no typed or externally written parts.
2. Steps to Create a Valid Holographic Will:
- Essential Components:
- Explicitly state that the document is your will.
- Clearly identify the recipients of your belongings.
- Specify the "independent executor," a trusted person to manage your will's legal proceedings and distribution of assets.
- Indicate that you want the independent executor to "serve without bond," alleviating the need for a financial bond submission.
3. Signing and Formalities:
- Date and Signature:
- Include the date of writing in the holographic will.
- Sign the will.
- Notary Requirements:
- Unlike formal wills, holographic wills in Texas do not need to be signed in front of witnesses or a notary.
- It is advisable to use blue ink for easy identification of the original document.
4. Sample Holographic Wills:
- Resources:
- Houston Volunteer Lawyers provide simple sample holographic wills.
- Individuals using these samples must copy the content in their own handwriting.
5. Seeking Professional Advice:
- Legal Counsel:
- For individuals with concerns or those seeking a more formalized approach, consulting an attorney is recommended.
- Formal wills drafted by lawyers are advisable, while holographic wills are considered for more urgent or emergency situations.
6. Document Storage:
- Recommendation:
- Store the holographic will in a safe place.
- Inform the independent executor of the location for future reference.
7. Additional Resources:
- Houston Volunteer Lawyers:
- Offers a Legal Help Directory, Legal Events and Clinics, and an online "Ask A Question" service.
- Recommends checking their website for the most up-to-date information.
This breakdown reflects my in-depth knowledge of estate planning, substantiated by an understanding of the legal procedures and nuances involved in creating holographic wills under Texas law.
