In California, in order to be effective, a will normally must be signed by the person making the will (the “testator”) and two witnesses. However, a document may be admitted as a will under certain circumstances even if it is not witnessed. If a document intended to be a will is written in the testator’s own handwriting, it may be accepted by the court as a will. This type of will is generally referred to as a holographic will. It is best if the document is dated in the testator’s own handwriting, but not absolutely necessary.
The relevant statute (Probate Code section 6111) provides that a statement of testamentary intent in a holographic will may be made in the testator’s own handwriting or as part of a commercially printed form will. The material provisions of the will, meaning identification of property and beneficiaries, must be in the handwriting of the testator. Having a holographic will is not a desirable estate plan. Rather, it is merely a legal argument for heirs to fall back on if there is no normal will to be found.