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Virginia Last Will and Testament

Virginia requires two witnesses for a will (not a notary) and recognizes holographic wills. Make a free Virginia will template with attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor, who will carry out those wishes and administer your estate. It can also name a guardian for minor children. In Virginia, a typed will is valid when the testator signs it, or acknowledges an existing signature, in the presence of at least two competent witnesses who are present at the same time and who each sign the will in the testator's presence, per Va. Code Section 64.2-403(C). No form of attestation clause is required by statute, though this template includes one for clarity. Virginia does not disqualify a witness for having an interest in the will or the estate, and there is no purging statute, so an interested witness's signature still counts under Va. Code Section 64.2-405, though choosing disinterested witnesses is still the safer practice. No notary is required to make the will itself valid; a notary is used only for the optional self-proving affidavit, which lets the will be admitted to probate without live witness testimony under Va. Code Sections 64.2-452 and 64.2-453. Virginia also recognizes a holographic will, one wholly in the testator's own handwriting and signed, valid without any witnesses at execution, though at probate two disinterested witnesses must prove the handwriting is genuine (Va. Code Section 64.2-403(B)). A testator must be at least 18 (an unemancipated minor cannot make a will) and not of unsound mind (Va. Code Section 64.2-401). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Virginia requires two witnesses for a typed will. Under Va. Code Section 64.2-403(C), the testator must sign, or acknowledge an existing signature, in the presence of at least two competent witnesses who are present at the same time and who each subscribe the will in the testator's presence.

  3. 3

    An interested witness still counts in Virginia. Va. Code Section 64.2-405 says no person is incompetent to testify for or against a will solely because of an interest in the will or the estate, and there is no purging statute reducing that witness's gift. It remains good practice to use disinterested witnesses anyway.

  4. 4

    A self-proving affidavit is available and needs a notary. Under Va. Code Sections 64.2-452 and 64.2-453, the testator and witnesses can sign a sworn affidavit before a notary or other authorized officer, letting the will be probated without locating the witnesses later to testify.

  5. 5

    Virginia recognizes handwritten (holographic) wills. A will wholly in the testator's handwriting and signed is valid with no attesting witnesses at execution, but at probate at least two disinterested witnesses must prove the handwriting and signature are the testator's (Va. Code Section 64.2-403(B)).

  6. 6

    The will itself does not need a notary. Virginia's execution rule calls for two witnesses, not notarization. A notary (or other authorized officer) is required only if you add the optional self-proving affidavit.

  7. 7

    A testator must be 18 and of sound mind. Va. Code Section 64.2-401 bars an unemancipated minor or a person of unsound mind from making a will; capacity requires understanding the property being disposed of and the people who would naturally receive it.

Key decisions before you file

Before you file a Last Will and Testament in Virginia, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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VIRGINIA LAST WILL AND TESTAMENT

I, [TESTATOR NAME], a resident of [CITY/COUNTY], Virginia, being of sound mind, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I declare that I am the testator of this will and that I am at least 18 years old and of sound mind. I revoke all prior wills and codicils made by me at any time before this date. I understand that under Va. Code Section 64.2-412 a later divorce or annulment automatically revokes any disposition or fiduciary nomination in this will in favor of a former spouse, unless I remarry that former spouse or execute a new will after the divorce that says otherwise.

  2. APPOINTMENT OF EXECUTOR I appoint [EXECUTOR NAME] of [CITY], Virginia, as Executor of this will. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Executor. I direct that my Executor serve without bond, to the extent Virginia law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, including to whom each gift is made and any conditions.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE], in the presence of the two witnesses named below, who are present with me at the same time and who subscribe their names below at my request and in my presence, as required by Va. Code Section 64.2-403.

Signed: _____________________________ [TESTATOR NAME], Testator

We, the undersigned, being at least two competent witnesses, declare that the testator signed this will in our presence, that we are present with the testator and each other at the same time, and that we now sign as witnesses in the testator's presence, at the testator's request.

Witness 1 signature: _____________________________ Print name: _____________________________ Address: _____________________________

Witness 2 signature: _____________________________ Print name: _____________________________ Address: _____________________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Virginia allows this will to be made self-proved so it can be admitted to probate without live testimony from the witnesses. The testator and both witnesses may sign the following affidavit before a notary public or other officer authorized to administer oaths, under Va. Code Sections 64.2-452 and 64.2-453.

State of Virginia [City/County] of [COUNTY/CITY]

We, the testator and the witnesses, having been sworn, declare to the officer that the testator signed this will and that each witness signed as a witness in the testator's presence and at the testator's request.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], testator, and by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, on [DATE].

Notary Public / Authorized Officer My commission expires: [DATE]

Note: This will is governed by Va. Code Ann. tit. 64.2, ch. 4. Virginia law does not disqualify a witness simply because that witness also has an interest in the will or the estate, but it is still good practice to choose witnesses who are not beneficiaries wherever possible, so the will's validity is never a question at probate. This is a compact Virginia will skeleton. For the complete, customizable full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Virginia in about a minute, and notarize it online through DocDraft if it does.

Virginia Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

A typed Virginia will is valid when the testator signs it, or acknowledges an existing signature, in the presence of at least two competent witnesses who are present at the same time and who each subscribe the will in the testator's presence. No form of attestation clause is required by Va. Code Section 64.2-403(C).

An Interested Witness Still Counts

Virginia does not disqualify a witness who has an interest in the will or the estate, and there is no purging statute reducing that witness's gift, under Va. Code Section 64.2-405. Even so, choosing witnesses who are not beneficiaries remains the safer practice to avoid any appearance of undue influence.

No Notary Is Required for the Will Itself

Virginia's execution rule for a will calls for two witnesses, not a notary. Va. Code Section 64.2-403(C) requires signing or acknowledgment before two competent witnesses; a notary or other authorized officer is needed only for the optional self-proving affidavit described below.

Add a Self-Proving Affidavit

Virginia lets you make the will self-proved by having the testator and both witnesses sign a sworn affidavit before a notary or other officer authorized to administer oaths, evidenced by the officer's certificate attached to the will, under Va. Code Sections 64.2-452 and 64.2-453. This lets the will be probated without locating the witnesses to testify.

Handwritten (Holographic) Wills Are Recognized

A will wholly in the testator's own handwriting and signed by the testator is valid in Virginia with no attesting witnesses required at the time it is written, under Va. Code Section 64.2-403(B). At probate, at least two disinterested witnesses must prove that the handwriting and signature are genuinely the testator's.

Testator Must Be at Least 18 and of Sound Mind

Va. Code Section 64.2-401 bars an unemancipated minor or a person of unsound mind from making a will. Virginia's age of majority is 18, so the testator generally must be 18 or an emancipated minor, and must understand the property being disposed of and the people who would naturally inherit it.

Revoke by Physical Act or a Later Will

Under Va. Code Section 64.2-410, a Virginia will can be revoked by a physical act done with intent to revoke, such as cutting, tearing, burning, obliterating, canceling, or destroying the will or a provision of it, or by a later will or writing, executed the way a will must be executed, that expressly or by inconsistency revokes the earlier will.

Divorce Revokes Gifts to a Former Spouse

Under Va. Code Section 64.2-412, a divorce or annulment after the will is signed automatically revokes any disposition, power of appointment, or fiduciary nomination in the will in favor of the former spouse, unless the testator remarries that former spouse or a later instrument says otherwise.

Does your Last Will and Testament need to be notarized in Virginia?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A typed Virginia will needs at least two competent witnesses, present at the same time, who each sign the will in the testator's presence after watching the testator sign or acknowledge it (Va. Code Section 64.2-403(C)). Virginia does not disqualify a witness who also has an interest in the will, but choosing witnesses who are not beneficiaries is still the more cautious approach.

No. A Virginia will is valid when it is signed by the testator and witnessed by two competent witnesses; no notary is required for the will itself. A notary, or other officer authorized to administer oaths, is needed only if you add the optional self-proving affidavit under Va. Code Sections 64.2-452 and 64.2-453.

Yes. Under Va. Code Section 64.2-403(B), a will wholly in the testator's own handwriting and signed by the testator is valid with no witnesses required at the time it is written. At probate, however, at least two disinterested witnesses must prove that the handwriting and signature are genuinely the testator's.

Write your wishes, name an executor, sign the document, and have it signed by two competent witnesses who are present at the same time and who each sign in your presence, per Va. Code Section 64.2-403(C). You can add a notarized self-proving affidavit so the witnesses do not need to testify later at probate.

A valid Virginia will requires a testator who is at least 18 and of sound mind (Va. Code Section 64.2-401), and either the two-witness signing procedure of Va. Code Section 64.2-403(C) or a will wholly in the testator's handwriting and signed under Section 64.2-403(B). No notary is required for either form.

A self-proving affidavit is a sworn statement, signed by the testator and the witnesses before a notary or other authorized officer, that is attached to the will. It lets a Virginia probate court accept the will without tracking down the witnesses to testify, under Va. Code Sections 64.2-452 and 64.2-453. It is optional, not required for the will to be valid.

You generally must be 18 in Virginia, since Va. Code Section 64.2-401 bars an unemancipated minor from making a will. An emancipated minor is not barred on that ground. The testator must also be of sound mind, meaning able to understand the property being left and the people who would naturally inherit it.

Under Va. Code Section 64.2-410, you can revoke a Virginia will by a physical act done with intent to revoke, such as cutting, tearing, burning, obliterating, canceling, or destroying the will or a provision of it, or by a later will or writing, executed the way a will must be executed, that expressly or by inconsistency revokes the earlier will. A later divorce or annulment also revokes provisions favoring a former spouse under Va. Code Section 64.2-412.