A will or testament is a legal declaration by which a person provides for the transfer of his/her property at death.  Although, most Wills are prepare by attorneys, in many states handwritten Wills or holographic Wills, are valid testamentary documents. Most state laws are very specific in its requirements for handwritten Wills.

A holographic will is a last will and testament that is entirely handwritten by the testator, the person executing the will. Most states require that a traditional will be signed by witnesses attesting to the validity of the testator's signature and intent. However, in most states holographic wills are exempt from this requirement and are not required to be witnessed.

Holographic wills are frequently created in emergency situations, and many states that do not recognize handwritten Wills have found them valid if an emergency existed at the time of the Will’s creation. Most states accept Handwritten Wills written by members of the armed services involved in armed conflicts and sailors at sea.

Holographic wills are treated the same as witnessed wills and need only to meet minimal requirements in order to be probated. As a general rule there are five basic requirements for a valid holographic or handwritten Wills

(1) Will must be prepared in the testator's own handwriting. It is important to note that the will should not typed and the entire will must be written in the testator's handwriting to be a valid holographic will.

(2) There must be some evidence that the testator (deceased) actually created the Will, and this can be proved through the use of witnesses, handwriting experts, individuals who can attest the testator’s hand writing or other methods.

(3) The testator must have had the mental capacity to write the Will, such capacity is presumed unless there is evidence to the contrary.

(4) The testator must be giving a directive as to the distribution o f his estate to beneficiaries.

(5) Some states require the document to signed by the testator.

Although, the requirements varies from state to state, about 30 states accept recognize and admit holographic wills to probated. The states that permit holographic wills to probate are Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

Connecticut, Hawaii, South Carolina and Washington do not accept a holographic will to probate that is prepared within the state, but will only probate a holographic will, under their foreign wills provision, that has been prepared in another state which permits holographic wills.

New York and Maryland, only recognize holographic wills of active members of the U.S. Armed Forces who are serving in an armed conflict and it will only be accepted for one year after the individual has finish serving in active duty.

Alabama, Delaware, Florida, Georgia, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Hampshire, Ohio, Oregon, Rhode Island, Vermont and Wisconsin do not accept holographic wills in any form, even as a foreign will or for active military members

A professionally prepared Will is always the best choice to insure your wishes are cared out but an holographic Will is always viable option. Make sure you research the laws of your state or consult with an attorney before deciding on a handwritten Will.