QUESTION
What happens if you die without a proper will and is a hand written piece of paper not notarized considered a legal will?
Asked on Nov 11th, 2013 on Estate Planning - Louisiana
19 ANSWERS
A will in Mass requires witnesses. The will you describe is a holograph. The estate will likely have to be probated with a court appointed administrator.
Answered on Nov 19th, 2013 at 8:56 PM
William M Stoddard
No. Unless your paper follows precise rules it will suffice. What happens is that the law dictates where the property will go. It is called intestate succession and you and read where it goes by looking up that section of the law at any law library you can get to visit.
Answered on Nov 19th, 2013 at 8:40 PM
A holographic will entirely in the hand of the maker that is dated and signed is legal in California. Frances A. Headley Law Offices of F. Headley 34 Summit St. Ste. B Jackson Ca 95642 209-223-1266 fahatt@goldrush.com Statement of Confidentiality: The contents of this email and any attachments are confidential and are intended solely for the addressee. The information may be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify the sender by reply email or at 209-223-1266 and delete this message and any attachments. Email is covered by the Electronic Communications Privacy Act, 18 USC 2510-2521 and is legally privileged.
Answered on Nov 14th, 2013 at 10:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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it is possible to have a holographic, or handwritten well, admitted in probate.
Answered on Nov 13th, 2013 at 1:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, a handwritten piece of paper can be considered a Will. If it turns out that the court will NOT admit that paper, then the decedent will be considered "intestate," and state law will determine who gets what.
Answered on Nov 13th, 2013 at 1:43 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Wills can be totally written, by the person disposing of the property, and do not have to be notarized.
Answered on Nov 13th, 2013 at 1:42 PM
2 Awards
A handwritten document in the handwriting of the creator that is signed and dated is a valid will as long as it disposes of property. If a person dies with or without a will the estate will go into probate. If the person dies with a will his/her estate will go to who they say in the will. If no will, the estate will be distributed by law, which is usually a surviving spouse or children.
Answered on Nov 13th, 2013 at 1:42 PM
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It might be if it meets the requirements of a holographic Will. You should have an attorney review the actual original writing.
Answered on Nov 13th, 2013 at 1:42 PM
Edwin K. Niles
A holographic will is valid. This is a will entirely written, dated, and signed by the person making the will. Notarization adds nothing.
Answered on Nov 13th, 2013 at 1:41 PM
David Thomson Egli
If you are a resident of California and die without a proper will, your property will be distributed to your heirs according to California's intestate succession law. Until you die, you can't determine who will be your heirs under the California inheritance laws. For example, if you have a surviving spouse, your spouse will get all of your community and 1/3, 1/2 or all of your separate property depending upon whether your have surviving descendants. If you have only one child and that child survives you, your separate property will be divided between your child and your spouse. If you have more than one child and those children all survive you, your spouse will receive 1/3 of your separate property and the children will divide equally the other 2/3 of your separate property. A will in which the signature and material provisions of the will are in the testator's handwriting, whether witnessed or not, is valid as a holographic will. The will should also include a statement as to the date of its execution as failure to do so can result in the will being declared invalid should there be confusion as to whether it was executed before or after another will or whether it was executed during a time when the testator lacked necessary capacity to make a will.
Answered on Nov 13th, 2013 at 1:41 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you die without a will, your next of kin inherit in accordance with the laws of intestacy. A fully handwritten will, signed and dated, is valid. Notarization is NEVER of any benefit with a will.
Answered on Nov 13th, 2013 at 1:41 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the handwritten will ("holographic will") was written while the person was a resident of a state that recognizes holographic wills, then maybe (has to qualify under the laws of that state). Oregon does not recognize holographic wills (except as above). So, if the handwritten piece of paper was witnessed properly, and at least one of the witnesses can be found, then maybe this is a valid will.
Answered on Nov 13th, 2013 at 1:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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That is called a holographic will and is effective. However, it may not address things properly and could cause more confusion. Generally, you will get a better result if you have an attorney draft the will for you.
Answered on Nov 13th, 2013 at 1:40 PM
If you die without a Will the state provides you one called the law of intestate succession. Yes, that can be a valid Will if done properly.
Answered on Nov 13th, 2013 at 1:40 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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In some states (including California) a handwritten will can be a valid will, even if it is not notarized. This kind of will is called a holographic will.
Answered on Nov 13th, 2013 at 1:40 PM
It depends on the statutes of the state the decedent lived in. Some states recognize this type of will but others do not.
Answered on Nov 13th, 2013 at 1:39 PM
It could be if it is dated and signed.
Answered on Nov 13th, 2013 at 1:39 PM
In Oregon there are several formal requirements that are in the Oregon statute. A key one is that the testator's signature must be witnessed by at least 2 disinterested witnesses who sign in the presence of the testator and each other.
Answered on Nov 13th, 2013 at 1:39 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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In Louisiana, a handwritten will does not have to be witnessed or notarized.
Answered on Nov 13th, 2013 at 1:35 PM