Last Will and Testament in Virginia
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Virginia law says
| 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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| 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 |
| 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) |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Virginia tenant rights
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.