A holographic Will is a Will that has been handwritten by the testator, usually without the legal guidance of an attorney. They are legal in some states. In Georgia, it depends on whether the holographic will was executed with the formalities required for a valid will.
The attorneys at Gaslowitz Frankel LLC have been the leading resource for Will and Estate dispute matters in the state of Georgia for the past three decades. We often counsel clients who have questions about the validity of a Will, or who are dealing with an invalid Will.
Understanding Holographic Wills
In a holographic Will, the testator may have outlined their wishes for distribution after their death, and may have signed it with their own signature. Most holographic Wills, however, are not properly witnessed,meaning they cannot be admitted to probate in Georgia probate courts.
All states recognize holographic Wills differently. In Georgia, holographic Wills are not valid unless they are executed with the same formalities required for any valid will – including be witnessed by two witnesses. This is because Georgia has strict validation guidelines and requires Wills to meet specific criteria.
Related Blogs: What’s the Difference Between a Handwritten Will and a Holographic Will?
Holographic Wills are Valid in Some States, but Not Georgia
Some states where holographic Wills are not typically recognized have exceptions.
For instance, Maryland and New York will accept the holographic Wills of armed forces members under certain circumstances. Some states will probate a holographic Will if it was created in a state where holographic Wills are valid. And some states accept holographic Wills for ancillary probate if accepted in probate court in another state. None of these exceptions apply in Georgia.
Related Blog: Are Handwritten Wills Accepted in Georgia?
Requirements for a Valid Will in Georgia
For a Will to be considered valid in Georgia, it must meet the following criteria:
- The Will must be in writing, which can include both handwritten and typewritten documents. The Will cannot be in oral or video format
- The Will must be signed by the testator him/herself or by someone else in the testator’s presence and at the testator’s direction
- The testator must be of sound mind
- The Will should be witnessed and signed by at least two individuals (who are not beneficiaries) in the presence of the testator
Consult with an Estate and Trust Litigation Attorney
If your loved one left only a Holographic Will, you need the advice of an experienced attorney to explore your options..
Gaslowitz Frankel LLC is the premier fiduciary litigation firm in the state of Georgia, with decades of experience guiding beneficiaries toward the best outcome. Our team is known for our in-depth understanding of the Estate and Trust law, coupled with our compassionate approach to addressing the whole person.
If you have questions about a Holographic Will in Georgia, contact us for a free consultation.
