If both parents died 8 years ago and there was a Will but it was handwritten, will it stand up in court?

It was notarized.

Asked on August 19, 2013 under Estate Planning, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The state of IN does not recognize "holographic" Wills. This is a Will that is written in the testator's handwriting but not witnessed (i.e. not signed by a witness); having a notarized writing does not change things. That having been said, oral Wills are recognized under certain circumstances.

At this point you should consult directly with an attorney who specializes in probate matters. They can explain what happens when a person dies "intestate" (i.e. without a Will).

Note: A testator is the person making the Will.

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