State requirements
Making a will in Virginia
Virginia lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Virginia has traditional will requirements with some unique features. Virginia recognizes holographic wills but with strict requirements. Virginia is NOT a community property state but has augmented estate elective share.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Va. Code § 64.2-401 | 18+ and of sound mind |
| Execution Requirements | Va. Code § 64.2-403 | Written, signed, 2 witnesses |
| Holographic Wills | Va. Code § 64.2-403 | Entirely in testator's handwriting |
| Self-Proving | Va. Code § 64.2-404 | Available with affidavit |
| Elective Share | Va. Code § 64.2-302 | 50% or 1/3 of augmented estate |
Execution Requirements
Virginia Will Formalities
VIRGINIA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or by another in testator's presence and direction)
✓ Subscription by 2 or more competent witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
✓ Must prove handwriting in probate (2 disinterested witnesses)
Elective Share
Virginia Elective Share
VIRGINIA ELECTIVE SHARE:
If survived by descendants of decedent: 1/3 of augmented estate
If NOT survived by descendants: 1/2 of augmented estate
AUGMENTED ESTATE INCLUDES:
✓ Probate estate
✓ Certain non-probate transfers
✓ Property passing by survivorship
✓ Revocable trust assets
Self-Proving Affidavit
Virginia allows self-proving wills under Va. Code § 64.2-404.
Spousal Rights
VIRGINIA SPOUSAL PROTECTIONS:
- Elective share (1/3 or 1/2 of augmented estate)
- Homestead allowance ($20,000)
- Exempt property ($20,000)
- Family allowance
Checklist for Virginia Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
- •[ ] Elective share rights considered
Virginia will questions, answered
Can I make a will online in Virginia?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Virginia requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Virginia?
Virginia requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Virginia require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Virginia document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Virginia?
Yes, Virginia recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Virginia?
Virginia sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Virginia source above and get local help for your circumstances.
Keep reading
All guides →Your Virginia wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Virginia law, not legal advice. Statutes change — verify current requirements or consult a licensed Virginia attorney for complex situations.