Need Help with a Holographic Will?

Owenby Law, P.A.: Assisting Families in Jacksonville, FL

Owenby Law, P.A. represents family members and other interested parties in the state of Florida who are attempting to initiate the probate process using a holographic will. It is not uncommon in Florida and other states for the family members of a recently deceased person to discover that their loved one has left behind a handwritten or "holographic" will. As long as a holographic will meets the minimum legal requirements under Florida law, we should be able to certify it through the courts and begin the probate process.

Holographic Will Laws in Florida

A holographic will is one that is written entirely in the hand of the testator.

In order for any will—holographic or otherwise—to be valid and admitted for the purpose of probating an estate by a Duval, Clay, Nassau, or St. Johns court, the document must be:

• Signed by the testator
• Countersigned by at least two witnesses

The testator and the two witnesses must all be present when each signs the will. If the testator signed the will before showing it to the witnesses, or the witnesses signed independently, the document is not valid and will be rejected in a Florida probate court.

If, however, the holographic will was prepared in another state, it is considered to be the last will and testament of the deceased, and it would be a legally valid instrument in the state where it was prepared, it will be recognized by the courts of the state of Florida as well. For instance, some states only require holographic wills to be signed by the testator and do not require witnesses. The probate courts of Florida would recognize wills from those states without the requisite witness signatures.

Have Questions? Speak with Our Jacksonville Probate Lawyers.

Even when a will was drafted by a professional estate planning lawyer, the probate process can be confusing to an inexperienced executor. Probating a holographic will, however, brings with it its own set of complexities. Our firm has the experience and knowledge that is required to certify a holographic or out-of-state holographic will through the Florida courts.