What Is a Holographic Will in California?

📌 Quick Answer: A holographic will is a will that is entirely handwritten and signed by the testator (the person making the will), without the need for witnesses. In California, holographic wills are valid if they meet specific legal requirements—even if they are written on informal materials like notebook paper.

If you're looking for a quick or informal way to leave instructions for your estate, you might consider writing a holographic will. But while these handwritten wills are legal in California, they come with risks and limitations. Understanding the requirements and legal standing of a holographic will can help ensure your final wishes are honored—and not tied up in court.

At Moravec, Varga & Mooney, we help individuals draft valid wills and avoid common pitfalls that lead to will contests or probate complications.

✍️ What Makes a Will “Holographic”?

A holographic will is a will that is:

• Entirely handwritten by the testator (not typed or pre-filled).

• Signed by the testator.

• Contains clear intent to dispose of property upon death.

Unlike formal wills, a holographic will:

• Does not require witnesses in California.

• May lack boilerplate language or not be notarized.

• Can be written on ordinary paper (not necessarily a legal form).

✅ Legal Requirements in California

Under California Probate Code §6111, a holographic will is valid if:

1. The material provisions (such as who gets what) are in the testator’s handwriting.

2. The will is signed and dated by the testator.

3. The document shows testamentary intent (i.e., it was clearly intended to be a will).

✒️ Tip: A typed will with just a handwritten signature does not qualify as a holographic will.

⚖️ Pros and Cons of a Holographic Will

✅ Advantages:

• Quick and easy to create

• No witnesses or notary required

• Legally recognized in California

❌ Disadvantages:

• Higher risk of ambiguity or misinterpretation

• Can be challenged more easily in probate court

• May omit important provisions (e.g., naming an executor or guardians)

• Often leads to probate delays or disputes among heirs

🛑 Common Problems with Holographic Wills

• Undated documents, which can raise questions of timing or validity

• Inconsistent or unclear wording, especially if legal terms are used incorrectly

• Lack of named executor, which forces the court to appoint one

• Disputes over handwriting authenticity, especially if the will was created near death or under questionable circumstances

🧾 Should You Use a Holographic Will?

A holographic will can serve as a temporary measure, especially in emergencies. But for long-term estate planning, it’s safer to:

• Draft a formal will with an estate planning attorney

• Include necessary legal protections (such as no-contest clauses and proper witnessing)

• Avoid the risk of your will being invalidated or contested in court

👨‍⚖️ Final Thoughts

A holographic will may be legal—but it’s not always wise. In California, handwritten wills are allowed if they meet basic requirements, but they can lead to costly disputes and delays if done improperly. The best way to protect your estate and your loved ones is through a properly drafted, formal will or trust.

If you need help creating or reviewing a will, contact Moravec, Varga & Mooney for experienced, personalized guidance. We’ll help you get it right the first time.