| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
sashad
Alabama
17 Posts |
 Posted - 12/19/2012 : 2:39:21 PM
|
| Wow, what a bad bit of info you are putting out regarding Alabama holographic will----it is acceptable, but must have 2 witnesses. I know this because a will is one way to transfer real property; will is public record in the Probate Office, once offerred for Probate. Sorry you did all that work & got the incorrect info. |
|
|
|
sashad
Alabama
17 Posts |
Posted - 12/19/2012 : 1:00:56 PM
|
| Wow, what a bad bit of info you are putting out regarding Alabama holographic will----it is acceptable, but must have 2 witnesses. I know this because a will is one way to transfer real property; will is public record in the Probate Office, once offerred for Probate. Sorry you did all that work & got the incorrect info. |
|
|
|
sashad
Alabama
17 Posts |
Posted - 12/19/2012 : 1:00:35 PM
|
| Wow, what a bad bit of info you are putting out regarding Alabama holographic will----it is acceptable, but must have 2 witnesses. I know this because a will is one way to transfer real property; will is public record in the Probate Office, once offerred for Probate. Sorry you did all that work & got the incorrect info. |
|
|
|
KanDoNotary
Oklahoma
69 Posts |
Posted - 06/10/2009 : 4:32:07 PM
|
Paul, you took on a gargantuan project and provided a lot of information. Thank you very much.
Have Seal, Kan Travel! |
|
|
|
PWinFL
Florida
469 Posts |
Posted - 06/10/2009 : 08:21:31 AM
|
Fortunately in Florida, you can refuse to notarize a signature for just about any reason, including you are not comfortable with the situation. You are not obligated to notarize!
When asked to notarize a Will, you can ask if it is holographic. If it is, you can then tell the caller that holographic Wills are not recognized in the state of Florida. Chances are, the caller will then ask what do they need to do. Of course, the answer is, "seek the services of an estate planning professional or attorney." If the caller persists, you can notarize the signatures on the Will (or just about any other document). Just be sure the signer is aware that holographic Wills are not recognized by the state, and your notarization does not make the Will legal or illegal.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
|
|
|
LindaH
Florida
1754 Posts |
Posted - 06/10/2009 : 07:11:29 AM
|
Great info Paul...now my question is...
If we're contacted by a signer to notarize a will and it turns out to be a holographic will, even though we know it's not recognized by Florida (in my instance but good for any state that doesn't recognize them, I suppose) are we authorized to refuse to notarize on that basis or is it UPL to tell them we can't notarize it because holographic wills are not valid in Florida. It's certainly not an illegal activity so we can't refuse on the basis of an illegal act.
Curious.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
|
|
|
|
PWinFL
Florida
469 Posts |
Posted - 06/10/2009 : 06:37:04 AM
|
A Holographic Will (recognized by only 25 states) is a Will written entirely by the testator in his or her own handwriting and is not witnessed. Black's Law Dictionary 659 (5th ed. 1979). Please see specific state information below for details and/or differences.
ALABAMA
A Holographic Will is not recognized as a valid Will since the state law requires that every Will be witnessed by at least two witnesses.
ALASKA
Alaska recognizes a Holographic Will as a valid Will, whether witnessed or not, if the signature and material provisions of the Will are in the testator's handwriting. (Code Section 13.11.160)
ARIZONA
A Holographic Will is recognized as a valid Will, whether or not it is witnessed, if the material parts of the Will are in the handwriting of the testator and it is signed by the testator. (Section 14-2503)
ARKANSAS
A Holographic Will is recognized as a valid Will where the entire Will and signature are in the handwriting of the testator. It must be established by 3 disinterested witnesses that the handwriting and signature are, in fact, that of the testator. (Section 28-25-104)
CALIFORNIA
A Holographic Will is recognized as a valid Will, whether or not witnessed, as long as the signature and material portions of the Will are in the testator's own handwriting. A Holographic Will may be held to be invalid if it does not state the date of the execution and the date cannot be proven. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will. (Probate Code Section 6111)
COLORADO
A Holographic Will is recognized as valid, whether or not witnessed, if the signature and the material parts of the Will are in the handwriting of the testator. (Section 15-11-502) A document that appears to have been intended to be a Will is also considered valid if it can be established by clear and convincing evidence that the decedent intended the document to be a Will. (Section 15-11-503)
CONNECTICUT
Connecticut does not recognize a Holographic Will executed in its state. However, a Holographic Will that was properly executed in a state which allows such Wills is valid.
DELAWARE
A Holographic Will is not recognized as a valid Will by this state because it does not meet the requirements the state has set forth for executing a Will. (Section 12-202)
FLORIDA
Florida does not recognize a Holographic Will as a valid Will. (Section 732.502)
GEORGIA
A Holographic Will is not recognized as a valid Will in the state of Georgia.
HAWAII
Holographic Wills are not recognized as valid Wills in this state. If a holographic Will was properly executed in a state recognizing their validity, then such a Will may be admitted to probate in Hawaii. (Section 560:3-409)
IDAHO
Idaho does recognize a Holographic Will, whether witnessed or not, as long as the signature and material provisions are in the handwriting of the testator. (Section 15-2-503)
ILLINOIS
A Holographic Will is not recognized as a valid Will in this state.
INDIANA
Indiana does not have any state statutes which provide for Holographic Wills.
IOWA
Iowa does not recognize a Holographic Will because they are not executed in accordance with the laws on executing Wills.
KANSAS
Kansas does not recognize a Holographic Will as a valid Will.
KENTUCKY
Kentucky does recognize a Holographic Will as a valid Will. (Section 394.040)
LOUISIANA
Louisiana does recognize a Holographic Will if it is written by the testator and dated and signed by the testator. No other formalities are required. (Section 1588)
MAINE
Maine does recognize a Holographic Will, whether witnessed or not, as long as the signature and material provisions are in the handwriting of the testator. (Section 2-503)
MARYLAND
The Holographic Will recognized as a valid Will must be made by a person serving in the U.S. Armed Forces and made outside of the United States. However, this Will is considered void one year after discharge from the Armed Forces. (Section 4-103)
MASSACHUSETTS
Massachusetts does not recognize a Holographic Will as a valid Will.
MICHIGAN
Michigan will recognize a Holographic Will as valid if it is dated and the testator signed at the end of the Will. Material provisions of the Will must be in the testator's handwriting. (Section 700.123)
MINNESOTA
Minnesota does not recognize a Holographic Will.
MISSISSIPPI
Mississippi does recognize a Holographic Will as a valid Will. No witnesses are required. (Section 91-5-1)
MISSOURI
Missouri state law makes no reference to Holographic Wills.
MONTANA
Montana does recognize a Holographic Will as a valid Will, whether or not witnessed, if the signature and material provisions are in the handwriting of the testator.
NEBRASKA
Nebraska does recognize a Holographic Will as a valid Will, however, it must have some indication of the date, either written or by some external evidence. If the holographic Will is the only writing found, it will be considered valid. (Section 30-2328)
NEVADA
Nevada does recognize a Holographic Will as a valid Will if the document is entirely written, dated and signed in the testator's handwriting. There is no particular form required other than it be entirely written in the hand of the testator. It can be made either within or outside of Nevada and there is no requirement that it be witnessed. (Section 133.030,090,190)
NEW HAMPSHIRE
New Hampshire does not recognize a Holographic Will as a valid Will.
NEW JERSEY
New Jersey recognizes a Holographic Will as a valid Will, whether or not it is witnessed, if the signature and material provisions are in the handwriting of the testator. (Title 3B Chapter 3 Section 3)
NEW MEXICO
New Mexico does not recognize a Holographic Will as a valid Will.
NEW YORK
A Holographic Will is considered a valid Will only in the limited circumstance where it is made by certain members of the U.S. armed forces while serving in a conflict or by another person who serves with or accompanies the member of the armed forces. Such a Will must be entirely in the handwriting of the testator to be valid. Such a Will becomes invalid after 1 year after he or she ceases serving with the armed forces. (NY Law EPTA Section 3-2.2)
NORTH CAROLINA
North Carolina does recognize a Holographic Will as a valid Will as long as it is written entirely in the handwriting of the testator. Some immaterial printed matter will not invalidate the Will. This Will must be signed by the testator in his or her own handwriting and no witnesses are necessary. The Will must also have been found after the testator's death, among the valuables, in a safe deposit box, or with a person, where it appears it was intended to be kept for safe keeping. (Section 31-3.4) Testimony is required to admit the Will into probate to prove the above requirements.
NORTH DAKOTA
A Will which does not comply with the formal Will execution provisions will be considered a valid Will, whether or not witnessed, if the signature and material provisions are in the handwriting of the testator. (Uniform probate code section 2-503)
OHIO
Ohio does not recognize a Holographic Will as a valid Will. A Will must be executed and witnessed in conformity with Section 2107.03.
OKLAHOMA
Oklahoma does recognize a Holographic Will as a valid Will. (Section 84-54)
OREGON
Oregon does not recognize a Holographic Will as a valid Will.
PENNSYLVANIA
Pennsylvania does recognize a Holographic Will as a valid Will.
RHODE ISLAND
Rhode Island does not recognize a Holographic Will as a valid Will.
SOUTH CAROLINA
South Carolina does not recognize a Holographic Will as a valid Will. However, certain exceptions are made for Holographic Wills which are validly executed in a state which allows such Wills, or when an out-of-state probate proceeding is involved. (Section 62-2-303, 408, 502, 505)
SOUTH DAKOTA
South Dakota does recognize a Holographic Will as a valid Will, whether it is made within or out of the state and whether or not it is witnessed, if the signature and material portions are in the testator's handwriting. Intent that the document is the testator's Will can be established by extrinsic evidence. (Section 29A-2-502)
TENNESSEE
Tennessee recognizes a Holographic Will as a valid Will. The Will is valid if it is in the testator's handwriting, whether witnessed or not, but the testator's handwriting must be proven by two witnesses. (Section 32-1-105)
TEXAS
Texas recognizes a Holographic Will as a valid Will. The Will must be entirely written by the testator, but is not required to be witnessed. It may be proven in one of two ways: The testator may attach an affidavit stating that this written instrument is his or her last Will and that he or she was competent to make the Will and that the Will has not been revoked. (Probate Code Section 60) If the testator does not self-prove the Will, then at the time of death it must be proved by the testimony of two witnesses as to the handwriting of the testator. (Probate Code Section 84)
UTAH
Utah recognizes a Holographic Will as a valid Will, whether or not it is witnessed, as long as the signature and material provisions of the Will are in the handwriting of the testator. (Section 75-2-503)
VERMONT
Vermont does not recognize a Holographic Will as a valid Will since it does not meet the execution requirements set forth by state law. (Section 14-5)
VIRGINIA
Virginia recognizes a Holographic Will as a valid Will as long as the Will is written entirely in the handwriting of the testator. It is not necessary that it be acknowledged or witnessed. At time of death, the proof of handwriting must be established by at least two disinterested witnesses. (Section 64.1-49)
WASHINGTON
Washington does not recognize a Holographic Will as a valid Will since it is not executed according to the formalities set forth by state law. However, the state may recognize a Holographic Will that was executed in states where it was deemed legally executed at the time. (Section 11.12.020)
WEST VIRGINIA
West Virginia does recognize a Holographic Will as a valid Will. The Will must be entirely in the writing of the testator and be signed by the testator. The Will must evidence an intent that the document is to act as a Will, and the signature must be intended as a signature to a Will. No acknowledgment or witnesses are necessary. (Ch. 41, Art. 1, Section 3)
WISCONSIN
Wisconsin does not recognize a Holographic Will because it is not executed according to state law. However, a Holographic Will executed in a state where it was considered valid at the time will be recognized. (Section 853.05)
WYOMING
Wyoming does recognize a Holographic Will as a valid Will and there is no requirement that it be witnessed. (Section 2-6-113)
This is not a substitute for legal advice. An attorney must be consulted.
(Source: LAWCHEK, LTD)
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
|
|
|
Lisa T.
California
391 Posts |
Posted - 06/09/2009 : 8:29:21 PM
|
| I know an estate planning attorney. Next time I see her, I'm going to ask her, then I'll post her response. |
|
|
|
KanDoNotary
Oklahoma
69 Posts |
Posted - 06/09/2009 : 7:21:53 PM
|
Lisa,
You have gone beyond my knowledge of the subject. I'm just relaying what I was told by an Oklahoma attorney. I have not researched it any further.
Have Seal, Kan Travel! |
|
|
|
Lisa T.
California
391 Posts |
Posted - 06/09/2009 : 4:56:19 PM
|
<<<a holographic will--one handwritten by the testator--that would be invalidated by a notary's signature.>>>
How so? I'm just wondering about this.....if I were to witness a signature just a letter, it's okay. But someone stating their wishes - somehow my witnessing their signature to that invalidates it? Trying to find the rationale in that....help me out!
|
|
|
|
KanDoNotary
Oklahoma
69 Posts |
Posted - 06/08/2009 : 5:34:41 PM
|
Lisa,
I guess I misspoke. I should have identified it as a holographic will--one handwritten by the testator--that would be invalidated by a notary's signature.
Sorry for the confusion.
Have Seal, Kan Travel! |
|
|
|
n/a
Florida
3 Posts |
Posted - 06/08/2009 : 5:04:23 PM
|
| I called back the client and he told me that his atty has made the will. I guess he had another child and wants to add the baby to the will. He will be providing the two witnesses. |
|
|
|
Lisa T.
California
391 Posts |
Posted - 06/08/2009 : 3:38:25 PM
|
This is really an interesting subject. In CA, we notarize wills on the recommendation of an attorney, and usually this attorney is the one that drafted the will.
I'm trying to see the logic in a will being invalidated if the testator's signature is notarized....I don't see the sense in that. If two regular Jane/Joe's signatures attest to the identity of the testator, why not the notary with their signature AND seal? Can someone enlighten me?
For clarification: A regular Jane/Joe = not a commissioned public officer of their state. |
|
|
|
KanDoNotary
Oklahoma
69 Posts |
Posted - 06/08/2009 : 3:07:07 PM
|
As Paul says, in self-proving wills, the notary acknowledges that the witnesses saw the will maker sign appropriately. In Oklahoma, I understand that a will, other than a self-proving will, CANNOT be notarized or it will be invalid.
Have Seal, Kan Travel! |
|
|
|
PWinFL
Florida
469 Posts |
Posted - 06/08/2009 : 12:43:10 PM
|
In Florida, all self-proving Wills must be witnessed by two witnesses, other than the notary, testator or beneficiaries, AND must be proved by the witnesses and a notary (or other official authorized to take acknowledgments).
I do Wills frequently. Typically, I only do them when referred to by an attorney because of the power of Wills. (Same for Powers of Attorney, but that's a whole other conversation.)
As Linda pointed out, there may be some very serious ramifications to an improperly prepared Will. That's why typically I do not do Wills unless prepared by an attorney, estate planner or family counselor familiar with preparing Wills and other estate planning legal documents.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
|
|
|
stp
California
4 Posts |
Posted - 06/08/2009 : 12:16:42 PM
|
Yes, be careful. Most wills, at least in California, must have two witnesses but do not need to be notarized.
Elizabeth Foust |
|
|
|
Lee-AR
Arkansas
678 Posts |
Posted - 06/08/2009 : 09:41:02 AM
|
In general, Wills do not need to be notarized. This may be state-specific, but it would serve you well to check your state's laws on this before you create the problem the signers are trying to avoid.
|
|
|
|
LindaH
Florida
1754 Posts |
|
|
n/a
Florida
3 Posts |
Posted - 06/08/2009 : 09:01:12 AM
|
I have to notarized a Will on Wednesday. I've never done one before.
Is there anything special I need to look for?
Thanks in advance
|
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
Wills
