can I write my own will?

Question

if i write my will on a piece of notebook paper with my signiture on the bottom will it hold up in court?

Answer 1

Not one person has asked the RELEVANT question but all seemed to jump on the 'holographic will' bandwagon. So I'll ask.

In what state (IF YOU ARE IN THE U.S.) do you live?

A Holographic Will is NOT valid in all 50 states.

TO FAYE:

I suggest you tell this 'attorney' friend of yours to go back to law school. He / she is either a legal idiot or you are not telling the truth.

Holographic wills are legal in 25 states, and can be used in cases where one has little or no estate issues that can arise when they have passed away. Even though holographic wills are not recommended over self-proving wills, which face less concerns over legitimacy, holographic wills are recognized more widely than oral wills.

By the way, there is NO SUCH thing as a pro se will. That was the giveaway phrase.

Holographic wills are NOT valid in the following states:

ALABAMA
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
MARYLAND (allows such ONLY for U.S. Military serving outside of the U.S. and is valid only for one year after death)
MASSACHUSETTS
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW MEXICO
OHIO
OREGON
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
VERMONT
WASHINGTON
WISCONSIN

The only exception found in law whereby a HOLOGRAPHIC will can be accepted in those states which do not recognize such, is if the will was created in a state that does recognize a holographic will and the will was made pursuant to the laws of that state.

If a holographic will is produced for Probate Court, was made in another state that recognizes such, and the state in which Probate occurs does NOT recognize a holographic will, the will must be judged on the statutes of the making state.

Answer 2

A handwritten will is known as a "holographic" will. It is not legal in all states. In Texas, there must be no writing on the paper other than the testator's handwriting, so no letterhead stationary, etc. Also, the will must be signed by two witnesses.

The authenticity of a holographic will is more difficult to prove in probate court than the aunthenticity of a will prepared by an attorney. Thus, it is more likely to be thrown out. If that happens, your estate will be divided among your heirs pursuant to the state's laws. In Texas, that would be 50% to your spouse and 50% divided among your children.

A holographic will may hold up in court, depending on your state, but it is much better to have an attorney prepare the will. Or if that is not an option, visit a local law school library and find a form will to follow. Your estate is too important to you and your family to write a will without research. Best of luck!

Answer 3

In many states, yes.

Probate laws vary by state, and each state has different requirements for what constitutes a valid will.

In many (not all) states, a will written in your own handwriting and signed by you is considered valid. It's called a holographic will.

However, not all states recognize this as valid, and some require the other formalities, including witnesses, before the will counts as valid.

Edit to Faye (above): A "will pro se" is not the same as a holographic will. A will pro se means a will done by the person themself, rather than through an attorney. That does not alleviate any existing requirements for notorization or witnesses that would otherwise be necessary. It juts means that an attorney doesn't have to get involved.

Answer 4

Yes. It is called a "holographic will." As other answerers have said, it must be witnessed.

In many states, such as Pennsylvania, witnesses can be "non-subscribing witnesses.

It is not recommended that you write your own will because people who write holographic wills often make mistakes in the writing or execution of wills.

Answer 5

yes, go to an office max or office suppl and pick up a will. you will need to have it notarized. then put it along with other important papers in a safe deposit box. Let there be someone who you can trust be put on the application for the bank in case you are indisposed or you have passed on .Also you should make a living will, which you can pick up at any hospital so if you choose not to be on life support you can be taken off .

Answer 6

A handwritten will on notepaper has a higher chance of being contested in court. Check the link below for forms for ALL states. I just checked with a DA friend of mine and wills pro se are LEGAL IN ALL STATES!!!!!!!!!!

Answer 7

In some states yes, some states no. It is called a holographic will. Will law is very state specific.

Answer 8

It can be, but that method is not very good. I used an online company called legalzoom and they were very reasonable.

Answer 9

It will if you have it witnessed by someone else that will not benefit from anything in the will...

Answer 10

Yes, it should.