Q: What do I need to do with a holographic will?
On 5/15/2018 my mother passed away. She left a holographic will stating her assets should be divided between my sister and I. We are attempting to find a lawyer that can assist us with the steps we need to take from this point as we are not sure how to handle a holographic will since it is not signed by any witnesses.
A:
I am sorry for your loss. Having lost my mom a couple years ago I feel your pain.
A will (holographic or not) is supposed to be "lodged" with the probate court in the county where your mom lived. If the will is lodged at that time the probate is filed there is no extra cost. If you lodge a will separately it's $50. I would talk to an experienced probate attorney that handles the needed county. For example, I handle probates in every county in California.
The probate attorney will help you to get the probate filed, if it's needed, which starts the clock ticking. In total it's 7 months minimum so the sooner you start the sooner you finish!
Good luck. -John
A:
If the holographic will is properly drawn then no witnesses are needed. However, depending upon the size of her estate you may need a probate court proceeding to get authority to transfer her assets according to the directions in the will. If the estate is small enough in value ($150,000 in CA), then a small estate affidavit may be used to transfer assets, particularly bank accounts. The Will should be filed with the Probate court in the county where your mother passed away.
If the holographic will is not properly drawn then a probate proceeding may be needed to transfer assets, again depending upon what assets there are. You must first determine if the holographic will is valid so I would recommend showing it to an attorney.
A: Witnesses are not required for a holographic will. A probate attorney can let you know whether a formal court probate is necessary or advisable. Sorry for your loss.
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