How to Make a Will in Virginia (2026 Guide)

A will made in Virginia must be signed by you and by 2 witnesses to be valid. Yes (Va. Code Ann. §§ 64.2-452, 64.2-453). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Virginia will covers, generated from the same rules.

Make my free Virginia will

Virginia will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Va. Code Ann. § 64.2-403
Financial POA statute	Va. Code Ann. § 64.2-1600 et seq. (Virginia Uniform Power of Attorney Act, 2010)
Healthcare directive statute	Va. Code Ann. § 54.1-2981 et seq. (Health Care Decisions Act); suggested form at § 54.1-2984

Witnesses

Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator (Va. Code Ann. § 64.2-403(B)). A witness who is also a beneficiary remains competent and Virginia does not void the gift (Va. Code Ann. § 64.2-405), but use adults who take nothing under the will to avoid an undue-influence challenge. Both witnesses must be present together; sign in one sitting.

Do you need a notary in Virginia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Va. Code Ann. §§ 64.2-452, 64.2-453). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Virginia

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator (Va. Code Ann. § 64.2-403(B)). A witness who is also a beneficiary remains competent and Virginia does not void the gift (Va. Code Ann. § 64.2-405), but use adults who take nothing under the will to avoid an undue-influence challenge. Both witnesses must be present together; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Va. Code Ann. §§ 64.2-452, 64.2-453). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Virginia allows a testator to deposit a will with the clerk of the circuit court of the county or city of residence for safekeeping during the testator's lifetime for a small fee; it is sealed and released only to the testator or, after death, to the named executor (Va. Code Ann. § 64.2-409). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. For decedents dying on or after January 1, 2017, the spouse may claim 50% of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage from 3% after one year to 100% after fifteen years (Va. Code Ann. §§ 64.2-308.1 to 64.2-308.17). The spouse also receives a homestead allowance of $20,000, exempt property and a family allowance (Va. Code Ann. §§ 64.2-309 to 64.2-311).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor children) is entitled to a homestead allowance of $20,000 with priority over most claims and devises (Va. Code Ann. § 64.2-311); the homestead exemption from creditors is in Va. Code Ann. § 34-4.

If you die without a will in Virginia

If you die without a will in Virginia, your spouse takes everything unless you leave children or descendants who are not also your spouse's; in that case, the spouse takes one-third and those descendants share two-thirds (Va. Code Ann. § 64.2-200). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Virginia

• Durable financial power of attorney: Va. Code Ann. § 64.2-1600 et seq. (Virginia Uniform Power of Attorney Act, 2010). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Va. Code Ann. § 64.2-1603). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the clerk of the circuit court before using it for real estate.
• Advance healthcare directive: Va. Code Ann. § 54.1-2981 et seq. (Health Care Decisions Act); suggested form at § 54.1-2984. An advance directive must be signed by the declarant in the presence of two adult witnesses, who also sign (Va. Code Ann. § 54.1-2983). Virginia does not disqualify relatives as witnesses, but the appointed agent and the declarant's health care provider should not serve. Notarization is not required. The statutory form may be used but is not mandatory (Va. Code Ann. § 54.1-2984). Virginia keeps an Advance Health Care Directive Registry through the Department of Health (Va. Code Ann. § 54.1-2994 et seq.).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Va. Code Ann. § 64.2-400).

Virginia notes

• Virginia enforces no-contest clauses strictly (Hunter v. Hunter, 298 Va. 414 (2020)).
• Virginia recognizes holographic wills wholly in the testator's handwriting, proved by two disinterested witnesses to the handwriting (Va. Code Ann. § 64.2-403(B)); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Virginia?

Virginia requires 2 witnesses (Va. Code Ann. § 64.2-403). Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator (Va. Code Ann. § 64.2-403(B)). A witness who is also a beneficiary remains competent and Virginia does not void the gift (Va. Code Ann. § 64.2-405), but use adults who take nothing under the will to avoid an undue-influence challenge. Both witnesses must be present together; sign in one sitting.

Does a will need to be notarized in Virginia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Virginia have a self-proving affidavit?

Yes (Va. Code Ann. §§ 64.2-452, 64.2-453). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Virginia?

Yes, Virginia recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Virginia?

A surviving spouse cannot be completely disinherited. For decedents dying on or after January 1, 2017, the spouse may claim 50% of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage from 3% after one year to 100% after fifteen years (Va. Code Ann. §§ 64.2-308.1 to 64.2-308.17). The spouse also receives a homestead allowance of $20,000, exempt property and a family allowance (Va. Code Ann. §§ 64.2-309 to 64.2-311).

What happens if I die without a will in Virginia?

If you die without a will in Virginia, your spouse takes everything unless you leave children or descendants who are not also your spouse's; in that case, the spouse takes one-third and those descendants share two-thirds (Va. Code Ann. § 64.2-200). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Virginia?

Virginia enforces no-contest clauses strictly according to their terms, without a general good-faith exception (Hunter v. Hunter, 298 Va. 414 (2020)), but a beneficiary may seek a declaratory judgment about the will's meaning or the clause's scope without triggering forfeiture. Treat any contest as likely to forfeit the gift.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.