Estate planning honors your wishes, protects your assets, and cares for your loved ones after your passing. When you work with an estates attorney to make important decisions and establish the proper estate planning documents for your unique family dynamics, circumstances, and goals, they will recommend a last will and testament. In this legal document, you can leave money, property, and other possessions to the individuals you designate. If you have minor children, you can also name guardians to care for them and raise them according to your values, should you tragically pass away before they reach adulthood.
However, many individuals in Northern Virginia who seek our estate planning services often ask, “What is a holographic will?”
For these clients, creating a formal will feels overwhelming or unnecessary. This blog, from a knowledgeable Northern Virginia estate planning lawyer, explains holographic wills, the criteria they must meet to comply with state law, and what can happen when someone chooses to create a holographic will.
Defining a Holographic Will
A holographic will is a last will and testament that the testator (the person creating the will) entirely writes and signs in their handwriting. Whereas a formal will requires witnesses or notaries, a testator often establishes a holographic will under urgent circumstances or when they cannot consult an estate planning lawyer for formal document preparation. Most notably, holographic wills arise under emergencies, when a person does not have access to lawyers or a legal team that can help them establish a formal will.
How to Create a Legally Binding Holographic Will in Fairfax County & Northern Virginia
State law requires the following criteria:
Age and Mental Capacity
The testator must be at least 18 and of sound mind.
Written Entirely by Hand
The testator must hand write the entire holographic will. Virginia prohibits typed or pre-printed text.
Testamentary Intent
In the legal document, the testator must indicate their intent to establish a will to have their assets distributed after their death.
Signature
The Testator’s signature must be on the will, usually at the end of the document.
Witnesses
Virginia does not require the presence of witnesses to a holographic will at the time the testator signs it. However, after the testator’s death, at least two disinterested witnesses must testify to the accuracy of the deceased testator’s signature in court.
Creating a Holographic Will in Fairfax County & Northern Virginia
You should consult an estate planning lawyer when establishing a will in Fairfax County and throughout Virginia, to comply with all applicable laws. However, knowing how to create a holographic will in case of emergencies or other situations where you do not have access to a law firm is helpful.
Write the Entire Will in Your Handwriting
Virginia requires a testator to entirely write a holographic will. The state forbids any typed or printed text, which could cause the court to deem the will invalid.
Identify Each Beneficiary
When naming beneficiaries, be specific. Use their full legal names and addresses to avoid confusion or ambiguity. Describe the relationship between you and the beneficiary, such as “my wife,” “my daughter,” or “my friend.”
Detail Asset Distribution
How should your assets be properly distributed? Be precise when describing each asset, including real estate properties, personal belongings, bank accounts, investments, jewelry, and other valuable items.
Appoint an Executor/Personal Representative
Designate a trustworthy individual as the executor or personal representative of your estate. This person assumes responsibility for paying outstanding taxes, debts, and court costs, and managing and distributing your assets according to the terms of your will. Include the executor/personal representative’s full name and address for clarity.
Include Guardianship Provisions (if applicable)
Do you have minor children or dependents? Identify a guardian for them in your will in the event of your death. This should be done only after obtaining the consent of the appointed individual.
Sign the Will
The testator must sign the holographic will, preferably at the end of the document. Virginia does not mandate that the testator date the will, but including the date helps prevent any challenges to the will’s authenticity or the testator’s mental capacity when they signed the will.
Although holographic wills are legal, our estate planning law firm in Fairfax County strongly advises against them. Due to concerns relating to authenticity, proper execution, and possible ambiguities, a judge is likely to deem the will invalid during probate.
For more information, we invite you to read our blog, An Experienced Estate and Wills Attorney Answers Common Questions About Wills.
Dying Without a Will in Virginia
If you die without a valid will (holographic or formal), the state considers you to have died “intestate.” In such a case, Virginia’s intestacy laws dictate the distribution of the deceased’s estate during probate, relying on their surviving relatives and their relationship with the deceased.
For more information, we invite you to read our blog, The Disadvantages of Dying with No Will in Virginia.
Why You Should Consult Estate Planning Attorneys
While creating a holographic will might seem convenient, it often introduces unnecessary risk for you and your family. Estate planning is about more than just dividing property; it’s about caring for your family and other loved ones and preserving your legacy according to your wishes. At PJI Law, we offer personalized comprehensive estate planning services designed to suit your unique circumstances and family.
We work closely with every client, taking the time to truly understand your family values and goals. Whether it’s drafting a personalized will, establishing a revocable living trust, engaging in ongoing asset protection strategies, or creating advance medical directives, we provide clarity and confidence in an often-complicated process.
Secure Your Future & Legacy with PJI Law in Fairfax, VA
Have you been typing “attorney for wills near me,” “will lawyer,” or “estate planning attorney” into your search bar?
If you’ve been considering writing a will, we encourage you to think beyond immediate fixes like holographic wills. Instead, contact the estate planning attorneys at PJI Law to establish a solid, detailed, and legally sound plan.
In addition to wills, our practice areas include advance medical directives, irrevocable trusts, revocable living trusts, charitable trusts, power of attorney documents, and assistance with the probate process and trust administration.
Contact PJI Law in Fairfax, Virginia at (703) 865-6100 or complete our online form to schedule a consultation.
At PJI Law, you’ll receive personalized service and attention!
Copyright © 2025. PJI Law, PLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
PJI Law, PLC
3900 Jermantown Rd, #220
Fairfax, VA 22030
(703) 865-6100
https://pjilaw.com/
