What is a holographic will?
A holographic will is simply a will that is entirely in your own handwriting. If done correctly, it is valid and can be legally enforced. In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting.
No one can write any part of it except for you and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.
You must write legibly so other people can easily read and understand what you wrote.
How do you make a valid holographic will in Texas?
To make a valid holographic will in Texas, Houston Volunteer Lawyers recommends the following:
- Write that it is your will.
- Write who you want to receive your belongings.
- Write who you want to serve as the “independent executor.”
- Note: The “independent executor” is someone you trust to show your will to a court, pay your debts, and give out your belongings.
- They can be the same person who receives your belongings.
- Write that you want your “independent executor” to “serve without bond.”
- Note: To “serve without bond” means that your “independent executor” will not have to give money to the court for a bond. Courts usually require a bond to make sure money is not stolen or misused. But if you trust this person, using this language makes it easier for them to give out your belongings.
- Put the date that you write the will.
- Sign the will.
Do I have to sign the handwritten will in front of a notary?
Your handwritten “holographic” will does not need to be signed in front of witnesses or a notary.
Houston Volunteer Lawyers recommends you write in blue ink so that if a copy is made, it will be easier to tell which is the original. Place your will in a safe place and tell your independent executor where this is.
Where can I find a sample handwritten will?
Houston Volunteer Lawyers has created two simple sample holographic wills.
If you use one of them, you must copy the sample to another sheet so that it is written in your own handwriting.
Is a handwritten will my only option?
Please note there are two ways to have a valid will in Texas. One way is with a holographic will, as discussed above. The other way is with a formal will, which must be witnessed. Houston Volunteer Lawyers recommends you make a formal will with HVL (for low-income Houstonians) or another lawyer when you are able to do so. You may contact Houston Lawyer Referral Service at 713-237-9429 to help you find a lawyer.
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