Making a Will in Virginia: Rules You Need to Know

Who can make a will in Virginia?

In Virginia you must be at least 18 (or an emancipated minor) and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.

Capacity and signing freely are what keep the will from being successfully contested.

What are the witness and notary rules?

A typed Virginia will must be signed by you and witnessed by two competent people who sign in your presence. Virginia also recognizes holographic wills that are wholly in your own handwriting and signed, with no witnesses needed — though two disinterested people must later confirm the handwriting.

Notarization is not required, but Virginia allows a self-proving affidavit before a notary, which lets the Circuit Court admit the will without the witnesses appearing.

• Two competent witnesses for a typed will.
• Holographic wills allowed if wholly handwritten and signed.
• A self-proving affidavit before a notary streamlines probate.

What does Virginia call the executor?

Virginia uses the term executor for the person named in a will and administrator for one appointed by the court without a will. Both are Personal Representatives who settle the estate under the Circuit Court clerk and the Commissioner of Accounts.

The clerk admits the will to probate and qualifies the executor, who then reports to the Commissioner of Accounts.

What happens if you die without a will in Virginia?

If you die intestate, Virginia's statute gives your estate to your spouse when all children are also the spouse's; otherwise the spouse takes one-third and the children share the rest. With no spouse or children, more distant relatives inherit.

Intestacy means the court appoints the administrator and you lose any say over your executor or a guardian for your minor children.

Is probate required in Virginia?

Probate runs through the Circuit Court clerk. Virginia offers a small-estate affidavit for estates below a statutory threshold, and assets with beneficiary designations or joint ownership pass outside probate.

Virginia has no separate state estate or inheritance tax, so most estates owe only any applicable federal estate tax — which a large majority of estates fall below.

Can you make a Virginia will online?

Yes. A properly signed and witnessed online will is valid in Virginia when you follow the two-witness process. iFinallyWill produces a Virginia-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. For larger estates, local legal advice can help with trust planning.

Frequently asked questions

How many witnesses does a Virginia will need?

A typed will needs two competent witnesses who sign in your presence. A holographic will wholly in your own handwriting and signed needs no witnesses, but the handwriting must later be confirmed.

Does Virginia have an estate or inheritance tax?

No. Virginia has no separate state estate or inheritance tax. Most estates owe only any applicable federal estate tax, which the great majority fall below.

Who handles probate in Virginia?

The Circuit Court clerk admits the will and qualifies the executor, who then reports to the Commissioner of Accounts during administration.

What is a Personal Representative in Virginia?

It is the executor named in the will, or an administrator appointed by the court when there is no will. They settle the estate.