State requirements
Making a will in Virginia
Virginia requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Virginia does not require a lawyer to draft a will. A will created online is valid in Virginia when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Virginia?
Virginia requires 2 adult 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?
No. Witnesses make a will valid in Virginia, not a notary. 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?
A valid Virginia will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Virginia law, not legal advice. Statutes change — verify current requirements or consult a licensed Virginia attorney for complex situations.