How to Make a Valid Will in Virginia
What Virginia law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. Va. Code § 64.2-401; § 64.2-403; § 64.2-404
| Requirements for a valid will | Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. A will not wholly in the testator's handwriting must be signed or acknowledged by the testator in the presence of at least two competent witnesses who are present at the same time and who sign in the testator's presence; no particular attestation wording is required. A court may treat a document that does not meet these formalities as a valid will if clear and convincing evidence shows the decedent intended it to be a will, but this cannot excuse a missing testator signature (except in narrow mix-up cases) and must be raised in circuit court within one year after death. |
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| Handwritten (holographic) wills | Yes. A will wholly in the testator's handwriting and signed by the testator is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least two disinterested witnesses. The circuit court forms for proving a handwritten will are CC-1602 and CC-1604. Source: Va. Code § 64.2-403(B) |
| Self-proving affidavit | Yes. At signing or any later time, a will may be made self-proved by the testator's acknowledgment and the attesting witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), evidenced by the officer's certificate attached to the will in substantially the statutory form. The court accepts the affidavits as if the witnesses had testified in person. A self-proved codicil that expressly republishes the will also self-proves the will. Source: Va. Code § 64.2-452 |
More Virginia estate law
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- Quitclaim Deeds and Transferring Property in Virginia
- Who Inherits If You Die Without a Will in Virginia
- How Probate Works in Virginia
- Living Wills and Advance Directives in Virginia
- Revocable Living Trusts in Virginia
- Executor Duties in Virginia
- Letters Testamentary in Virginia
- Affidavit of Heirship in Virginia
- How to Avoid Probate in Virginia
- Transferring a Car After Someone Dies in Virginia
- All Virginia wills, probate and estate rules
FAQ
What makes a will valid in Virginia?
Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. A will not wholly in the testator's handwriting must be signed or acknowledged by the testator in the presence of at least two competent witnesses who are present at the same time and who sign in the testator's presence; no particular attestation wording is required. A court may treat a document that does not meet these formalities as a valid will if clear and convincing evidence shows the decedent intended it to be a will, but this cannot excuse a missing testator signature (except in narrow mix-up cases) and must be raised in circuit court within one year after death.
Is a handwritten will valid in Virginia?
Yes. A will wholly in the testator's handwriting and signed by the testator is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least two disinterested witnesses.
Does a will need to be notarized in Virginia?
Yes. At signing or any later time, a will may be made self-proved by the testator's acknowledgment and the attesting witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), evidenced by the officer's certificate attached to the will in substantially the statutory form. The court accepts the affidavits as if the witnesses had testified in person. A self-proved codicil that expressly republishes the will also self-proves the will.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.