What is a Holographic Will in North Carolina - Florida
The Short Answer
A “holographic will” generally means a will written in the person’s own handwriting and signed, but not properly witnessed. Under Florida law, holographic wills are generally not valid unless they also meet Florida’s strict witnessing requirements for wills.
So even if someone has a handwritten, signed “will,” it may still be rejected in Florida probate if it was not executed with the required formalities.
What Florida Law Says
Florida requires most wills to be executed with specific formalities designed to prevent fraud and disputes. In general, a will must be in writing, signed by the testator (or signed for the testator at the testator’s direction and in the testator’s presence), and witnessed by two people who sign in the required manner. A handwritten document does not become valid just because it is in the person’s handwriting—Florida focuses on whether it was properly executed and witnessed.
The Statute
The primary law governing this issue is Fla. Stat. § 732.502.
This statute establishes that a will must be executed with specific signing and witnessing formalities, and Florida does not treat an unwitnessed handwritten will as valid merely because it is handwritten.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Probate timing and notice requirements can affect whether and how a will is admitted, and delays can create avoidable litigation risk.
- Burden of Proof: If a will is not “self-proved,” the court may require testimony or other evidence to establish proper execution and authenticity. See generally Fla. Stat. § 733.201.
- Exceptions: Whether Florida will recognize a will signed outside Florida, or an electronic will, can involve additional statutory requirements and fact-specific analysis. See, e.g., Fla. Stat. § 732.526.
Trying to handle this alone can lead to procedural errors or dismissal of your case—especially if family members disagree about whether the handwritten document should control.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.