Holographic Will
A holographic will is entirely handwritten and signed by the testator, typically without witnesses. Florida does not recognize holographic wills executed in-state (§732.502). About half of U.S. states accept them.
Florida Invalidity
- FL requires two attesting witnesses for all wills
- Holographic will executed in FL is void
- Cannot be admitted to Florida probate
Foreign Will Exception
- §732.502(2): valid if compliant with execution-state law
- Or valid under testator's domicile-state law at execution
- States accepting holographic: TX, CA, VA, NC, and others
- Can be probated in FL if testator moved here later
Common Problems
Authentication challenges, interpretation difficulties, vulnerability to challenges, homestead law conflicts, and lack of tax planning. Relocators should draft new FL wills.
Related Terms
- Estate Planning — Will preparation
- Equity — Testamentary intent
Barnes Walker Estate Planning
Barnes Walker's attorneys prepare valid Florida wills and review out-of-state holographic wills for probate. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC