Making Your Own Will

A “holographic” will is legal in Oklahoma. It is a will written completely in your own handwriting, dated and signed by you. You do not need an attorney to make this type of will. If you are 18 years old and of sound mind, you can make plans for real and personal property through a “holographic” will.

FAQ

A holographic can be written by anyone without a lawyer. Certain terms or phrases must be included in other wills and be signed and witnessed to be considered valid.

A will that does not meet all of the rules for holographic wills may not be followed as written during the probate proceedings. If you do not follow the rules when writing your will, your property may not go to the people you want to have your property.

No. None of the document may be printed or typewritten. Every word must be in YOUR handwriting.

Rules You Must Follow:

1. Write every word in the will in your own handwriting. No one else can write a holographic will for you. Wills with even one typewritten or computer-printed word are not considered holographic wills and will not be valid. When writing your will, do not erase or cross anything out. It is best to start over.
2. Use plain, everyday language and state your wishes clearly. Do not worry about sounding formal or “lawyerly”.
3. Be sure to state “this is my last will” in the document.
4. State whether or not you have children. If you have children, write each of their names, even if you are not leaving anything to one or more of them. If you intend not to leave any of your children anything, say so specifically. For example: “I intentionally exclude my son Charles from any share in my estate” or “I intentionally leave nothing to my son Bill.”
5. Make a plan for what happens if any of your heirs should die before you. For example: “If any of my children should die before me, that child’s share shall be equally divided between my remaining children” or “If any of my children should die before me, that child’s share shall pass in equal shares to his or her children.”
6. Write a sentence clearly stating this handwritten will is how you want your property to be settled after your death. Here is an example:
   “This will is my last will and testament. It is my intent to dispose of all my property through this will. I revoke any previous wills.”
7. Make sure your personal representative is someone you trust. The personal representative distributes your belongings and property as arranged in your will. Tell your personal representative where you put your will. If you put your will in a safe, safety deposit box, or hide it, make sure your personal representative has access to not only the location, but the keys/codes. A will is useless if it cannot be found or accessed when the time comes.
8. Put all the pages together in order. Make an entire document. Number every page in your will. Someone reading the will should know the pages go together. A staple or a paper clip is not enough! For example, if your will is 8 (eight) pages long, write “page 1 of 8” on the bottom of the first page, write “page 2 of 8” on the second page, and so on until the end.
9. Sign your name at the very end of the will. Write the date above your signature at the end of your holographic will. There should be nothing written or marked after your signature.
10. Do not have any witnesses sign your holographic will.
11. Do not notarize your holographic will.
12. When it is time to probate your estate, the judge needs the original holographic will.
13. If you wish to make changes to your will after it has been written, signed, and dated, it is best practice to make a new document from start to finish. Any edits made after a will is signed and dated make probating the will difficult.
14. In some counties you can file your original will in the Probate Division of your county’s district courthouse. The court clerk will file your will for safekeeping for free or a low cost.

Example of a Holographic Will

Last Will and Testament

I, Jane Doe, state that this is my last will and testament. I revoke any earlier wills. I give all of my property through this will.

I am not married. I have two children, John Doe of Muskogee and Jim Doe of Pryor. I appoint my sister, Sarah Smith, to be my personal representative. If she cannot serve then I appoint my oldest son, John Doe.

I give all of my jewelry to my granddaughter Mary Doe. I give everything else to my sons John Doe and Jim Doe, to share equally.

Dated April 20, 2023
Page 1 of 1
Jane Doe