A holographic will is a will written wholly in the testator’s handwriting. A holographic will may be made self-proved at any time during the testator’s lifetime by the attachment or annexation to the will of an affidavit by the testator to the effect that: • The instrument is the testator’s last will; • The testator was 18 years of age or older at the time of the will’s execution or, if the testator was younger than 18 years of age, that the testator: o Was or had been married; or o Was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service at the time the will was executed; • The testator was of sound mind; and • The testator has not revoked the will.
Typically, a will must be attested to by two or more credible witnesses. A holographic will, however, is not required to be attested to by subscribing witnesses.
A holographic will that is not self-proved may be proved by two witnesses to the testator’s handwriting. The evidence may be either: • The sworn testimony or affidavit taken in open court; or • If the witnesses are nonresidents of the country or are residents who are unable to attend court, written or oral depositions may be taken in accordance with Texas Estates Code § 51.203 or the Texas Rules of Civil Procedure. o Note: A witness being deposed for the purposes of proving a will may testify by referring to a certified copy of the will, without the judge requiring the original will to be removed from the court’s file.
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