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.
Call us at (904) 770-3141 to schedule a Free Initial Consultation regarding holographic wills.
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.
If you are an estate executor or an interested party who has recently discovered
that your deceased loved one left behind a holographic will, contact our Jacksonville probate attorneys.