by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

When people think about estate planning, they often envision a complicated and expensive process. So, it’s no surprise that many look for a simpler, more cost-effective alternative—such as writing their own will. Texas allows for holographic wills (handwritten wills), but before you grab a pen and paper, there are some serious pitfalls you should consider.

The Problem with Holographic Wills

The biggest issue with holographic wills is that they don’t allow for contingency planning. Sure, if you draft one correctly and nothing goes wrong, it might work. But life is unpredictable. What happens if one of your beneficiaries predeceases you? Where do those funds go? If a minor inherits money, are you prepared for the legal complications of guardianship? Without a well-drafted will, you may be leaving your loved ones with costly and time-consuming court proceedings.

We’ve had multiple cases where a parent passed away unexpectedly, leaving behind minor beneficiaries without proper provisions. The result? A lengthy and expensive probate process, plus additional court proceedings for minor guardianships. And if the children live in different counties, each one requires a separate court case, adding layers of complexity and cost.

What a Holographic Will Cannot Do Well

One of the biggest limitations of a holographic will is its inability to incorporate trust language. A properly drafted will can include contingent trusts for minors, ensuring their inheritance is managed wisely. Without this, a court may have to appoint a guardian to oversee the assets, leading to additional legal fees and oversight.

Moreover, if you fail to name an independent executor, someone will have to petition the court for administration. This means extra court involvement, more legal fees, and possible delays. Texas allows for independent executors, which streamline the process and reduce costs—but only if your will explicitly states it.

Who Should Avoid a Holographic Will?

Holographic wills are almost always a bad idea for certain groups of people, including:

• Parents of minor children – Without a properly structured will, minors could inherit assets without appropriate safeguards.
• Parents of disabled children – A well-drafted will can establish a special needs trust to ensure continued care without jeopardizing government benefits.
• Blended families – If you have children from previous relationships, intestacy laws (which apply if your will fails) may not distribute your assets as you intended.
• Individuals with property in multiple states – Each state has different probate laws, and a DIY will might not provide sufficient legal clarity.

Common Mistakes in Holographic Wills

Even if you follow the basic guidelines—writing the entire will in your own handwriting, signing, and dating it—mistakes are easy to make.

• Failing to name an executor and a backup – If you don’t, the court decides who will administer your estate.
• Failing to name an independent executor – Without this designation, your executor will need permission from the court for every transaction, leading to delays and increased costs.
• Getting it notarized – This is a major mistake! A holographic will must be entirely in your handwriting. Adding a notary invalidates it.
• Not making the original accessible – Your executor needs the original document to submit to the court. If no one knows where it is, it’s as if it doesn’t exist.
• Leaving multiple conflicting wills – If there are several versions of your will, disagreements can arise. Be sure to revoke previous wills by physically destroying them or marking them as void.

Final Thoughts

While Texas allows for holographic wills, they are rarely the best option. If you have minor children, a blended family, or assets in multiple locations, a professionally drafted will is a must. Estate planning is about more than just listing who gets what—it’s about ensuring your loved ones are taken care of in the best possible way.

If you’re considering writing a will, take the time to consult with an attorney. It’s a small investment now that can save your family from unnecessary stress, legal fees, and complications later on.

After all, estate planning isn’t just about the law—it’s about protecting your legacy and the people you love.

Need help with estate planning? Contact our office today for a consultation. We’re here to make the process as smooth and stress-free as possible.

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