Last Will And Testament requirements in Virginia
- You must be at least 18 years old and of sound mind to make a will in Virginia.
- Your will must be in writing (typed or printed) – oral wills are not recognized.
- You must sign your will in the presence of at least two witnesses who are present at the same time.
- Your witnesses must sign the will in your presence and in the presence of each other.
- While not required for validity, having your will notarized can help simplify the probate process, especially with self-proving affidavits.
How to create a Last Will And Testament in Virginia
- List your assets and decide who should receive them. Be specific about property, bank accounts, and personal belongings.
- Choose an executor who will manage your estate. Discuss the responsibility with them beforehand.
- Draft your will using a trusted template or with the help of an attorney. Ensure it includes your name, revokes prior wills, and names beneficiaries and an executor.
- Sign your will in the presence of at least two witnesses. They must sign as well, acknowledging that you appear to be of sound mind and not under duress.
- For a smoother probate, sign a self-proving affidavit before a notary public. This makes your will 'self-proved' and can speed up court proceedings.
- Store your will in a safe place, like a fireproof safe or with your attorney, and tell your executor where it is. Review and update it after major life changes.
What a Last Will And Testament typically costs
The cost of a last will and testament in Virginia varies. Using online will templates can cost between $50 and $150, while hiring an attorney typically ranges from $200 to $1,000 or more, depending on complexity. Court filing fees for probate are separate and are usually around $100-$200.
Ready to protect your legacy? Start your Virginia last will and testament today with our easy-to-use template or consult an attorney for personalized guidance.
Create your last will and testamentBefore You Begin: Virginia Will Checklist
Drafting a valid will in Virginia requires careful preparation. Gather key documents and understand your state's specific execution rules to ensure your will holds up.
- List all assets, including real estate, bank accounts, investments, personal property, and digital assets, with approximate values.
- Decide on beneficiaries for each asset or a general distribution plan and name alternates in case primary choices pass away before you.
- Choose an executor (and a backup) who is at least 18, mentally competent, and ideally a Virginia resident; non-residents may need to post a bond.
- If you have minor children, name a guardian and consider a trust to manage their inheritance; note the court's role in approving guardians.
- Remember that Virginia allows 'self-proving' wills: you and witnesses must sign an affidavit before a notary to avoid probate testimony.
- Virginia law requires two witnesses (at least 18) to sign your will in your presence; they cannot be beneficiaries. Have a notary available, though not mandatory for validity.
- File the original will with the circuit court clerk in your city/county after execution or ensure your executor knows its location; do not store in a safe deposit box unless you arrange access.
Frequently asked questions
Does a will need to be notarized in Virginia?
No, notarization is not required for a will to be valid in Virginia. However, having your will notarized with a self-proving affidavit can save time and money during probate by avoiding the need to locate witnesses later.
What happens if I die without a will in Virginia?
If you die without a will (intestate), Virginia's intestacy laws determine how your assets are distributed. Typically, your spouse and children receive most of the estate, but the rules can be rigid and may not reflect your wishes. Creating a will gives you control.
Can I write a will myself in Virginia?
Yes, you can write your own will as long as it meets Virginia's requirements: it must be in writing, signed by you, and signed by two witnesses. However, errors can lead to disputes or invalidation, so many people choose to use a template or consult an attorney.
What is the difference between a last will and a living will in Virginia?
A last will and testament deals with your property and guardianship of minor children after you pass away. A living will, on the other hand, is an advance directive that outlines your preferences for medical treatment if you become incapacitated. Both are important parts of estate planning.