Is a Will Written and Signed Without Witnesses Legal?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“What happens if a will is written in a diary with the signature of the person who wrote it, but no witness signatures?”

Question: That will depend in large part on in what state the will is probated, and in what state the decedent passed away (if different). In some states, such as California, a holographic will (i.e. a will written in the decedent’s own hand) with no witnesses is admissible. Although, if someone contests the will, be prepared to have to bring in a hand-writing expert, at least.