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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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willreq.tut
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#help.tut Extra help for tutorials
#define.stb On line legal glossary
WILL REQUIREMENTS- WITNESSES
There are many issues to be discussed in the laws of wills.
This tutorial will discuss the requirements for witnesses for
wills. In addition, we will discuss "holographic" wills and the
minimum age for the making of a will.
This tutorial presents information up to date as of January,
1991. For each of the fifty states and the District of Columbia,
we present:
1. How many witnesses are required for wills
2. If holographic wills are recognized
3. If nuncupative wills are recognized
GENERAL INFORMATION: "Self proving wills" that is wills with
three witnesses and one separate notary (that is the notary is
not also a witness) are recognized in all 50 states. Therefore,
attorney drafted wills almost always have three witnesses and a
separate notary. That's what you should do. This way your will is
recognized anywhere.
Most states recognize wills with two witnesses. Then why not just
have a will with 2 witnesses? Why is the author of this
information saying to use three? ANSWER: In almost all of those
states, if the will is to be probated then you must find one of
the witnesses and get them to testify in court that they were one
of the witnesses. Don't bother. Use three and a notary and the
will is self proving-- accepted on its face. (Yes it can be
challenged as a forgery if needed).
What is a holographic will? The only safe definition is a
will that is ENTIRELY in the handwriting of the testator. Some
states do provide that only the important parts must be written
in the testator's handwriting. In a state in which all of it must
be written even using a rubber stamp for your address VOIDS the
will. There are a few states which provide that the will need
only be "in material part" in the handwriting of the testator.
That is a "litigation catcher" (think of a cow catcher on an old
steam locomotive and you get the picture) and will certainly make
many attorneys very rich if someone dislikes the provisions of
the will and drag out probate FOREVER. Don't even bother with
holographic wills. We provide this information only so that you
will know if a relative prepared one of them if they will be
recognized.
Advice on holographic wills- two words-- DON'T USE. A holographic
will is a severe problem. Some states utterly refuse to recognize
holographic wills even if they are valid where done. That means
if you live in a state which recognizes handwritten wills, but
have (or inherit) property in a state which does not, you are
then intestate (without a will and means that your relatives will
pay a lot of money for probate etc.) in the other state. DON'T
FOOL WITH THESE WILLS. The idea of the holographic will is that
persons way out on the farm with no access to attorneys and
notaries could write their wills alone in their own handwriting.
In the modern world there is virtually no need for them. However,
we provide this information in case a friend or relative has left
a holographic will and then you'll have the information at hand
to know if it is recognized.
Finally, a person writes will out by hand. Two persons sign on as
witnesses (or there are three witnesses and a notary). That is
not a holographic will. That is a witnessed will that just
happens to be handwritten. Holographic wills refer to ones
entirely handwritten and unwitnessed.
We may mention nuncupative wills in some states. These are
"verbal wills" witnessed by two persons and then reduced to
writing within a limited time (usually 10 days). There are so
many restrictions including:
usually no more than a person's personal effects or a very low
amount of assets ($ 100 to $ 1,000) can be left in a nuncupative
will. In addition, most states provide that only military
personnel, in actual peril may execute such wills.
ALABAMA- 2 persons required as witnesses; no special rules for
holographic wills [not recognized unless witnessed]
ALASKA- Uniform Probate Code
ARIZONA- 2 persons are required as witnesses; holographic wills
are recognized
ARKANSAS- 2 persons are required as witnesses; holographic wills
are recognized- HOWEVER- three persons must testify that the
writing is that of the testator
CALIFORNIA- 2 persons are required as witnesses; holographic
wills are recognized, but, if undated, may not be accepted
COLORADO- 2 persons are required as witnesses; holographic wills
are recognized if they are handwritten in "material part:"
CONNECTICUT- 2 persons are required as witnesses; holographic
wills made in Connecticut are not valid; however, the same are
recognized if they were validly made elsewhere
DELAWARE- 2 persons are required as witnesses; holographic wills
made in Delaware are invalid; however, if valid where made are
recognized.
DISTRICT OF COLUMBIA- 2 persons are required as witnesses;
holographic wills are not recognized.
FLORIDA- 2 persons are required as witnesses; holographic wills
are not recognized.
p73 GEORGIA- 2 persons are required as witnesses; holographic wills
are not recognized.
HAWAII- 2 persons are required as witnesses; holographic wills
are not recognized if made in Hawaii; however, they are valid if
they are recognized where made.
IDAHO- Uniform Probate Code is in effect; please see the tutorial
regarding the Uniform Probate code for more information.
ILLINOIS- 2 persons are required as witnesses; holographic wills
not recognized.
INDIANA- 2 persons are required as witnesses; holographic wills
not recognized unless witnessed by two persons.
IOWA- 2 persons are required as witnesses; holographic wills not
recognized.
KANSAS- 2 persons are required as witnesses; holographic wills
not recognized.
KENTUCKY- 2 persons are required as witnesses; holographic wills
not recognized unless witnessed by two persons.
LOUISIANA- There are so many categories of wills that the same
are not explainable in a program of this type intended for non-
attorneys. Be safe and use two witnesses and a notary or
preferably three witnesses and a notary.
MAINE- Uniform Probate Code is in effect; please see the tutorial
regarding the Uniform Probate code for more information.UPC
MARYLAND- 2 persons are required as witnesses; holographic wills
are recognized ONLY FOR MILITARY PERSONNEL WHILE IN THE SERVICE,
AND THEN FOR ONLY A YEAR AFTER DISCHARGE FROM ACTIVE DUTY. Thus,
a person not in military service cannot have a holographic will.
MASSACHUSETTS- 2 witnesses are required; holographic wills are
not recognized.
MICHIGAN- 2 witnesses are required; holographic wills are
recognized.
MINNESOTA- 2 witnesses are required; holographic wills are not
recognized.
MISSISSIPPI- 2 "credible" witnesses; holographic wills are
recognized; nuncupative wills are given extremely limited
recognition under elaborate and complicated rules, please consult
counsel, or assume their invalidity
MISSOURI- 2 witnesses are required; the status of holographic
wills is not known (therefore assume invalid); a nuncupative will
is valid if spoken before two disinterested witnesses and reduced
to writing by them within 30 days, and can only dispose of $ 500
in property
MONTANA- Uniform Probate Code is in effect; please see the
tutorial regarding the Uniform Probate code for more information.
NEBRASKA- Uniform Probate Code is in effect; please see the
tutorial regarding the Uniform Probate code for more information.
NEVADA- 2 witnesses are required; holographic wills are
recognized, and they are required to be entirely in the
handwriting of the testator; a nuncupative will is valid, up to $
1,000 in property, andmay be made only during the last sickness
of the debtors; the will must be reduced to writing to the
witnesses within 30 days.
NEW HAMPSHIRE- 2 witnesses are required; holographic wills are
not recognized; nuncapacitive wills valid under very limited
circumstances and then only to $ 100. This low l