Does California recognize holographic wills?
On One Hand: Valid Under California LawAccording to the Free Dictionary, a holographic will is one that is “entirely handwritten, dated and signed by the testator (the person making the will),” but it’s not signed by witnesses. California Probate Code Section 6111(a) recognizes the validity of a holographic will “whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.”On the Other: Some Limitations May ApplyCalifornia Probate Code Section 6111(b) provides that if a holographic will is not dated in the testator’s handwriting, the will is invalid if it can be proved either that the holographic will was executed prior to another valid will, or that the testator lacked the legal capacity to execute the holographic will at any time during which it might have been executed.Bottom LineIn California, a holographic will is valid if it is properly executed, which means that it must be handwritten, dated and signed.
