How to Make a Will in Virginia

If you're a resident of Virginia and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people (or organizations)
• name a trusted person to manage property left to minor children
• name a personal guardian to care for your minor children, and
• name an executor, the person entrusted with carrying out the terms of your will.

Your will disposes of property you own at the time of making it, as well as any property you acquire after making the will. (Va. Code § 64.2-401 (2025).)

Below you'll find an overview of what a will can do for you, what Virginia laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Virginia

Here's a quick checklist for making a will in Virginia:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Virginia, if you die without a will, your property will be distributed according to state "intestacy" laws. Virginia's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, and more distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Virginia?

Yes. You can make your own will. Virginia doesn't have an official will template or form, commonly referred to as a "statutory will" in other states. But you can use Nolo's Quicken WillMaker & Trust to create a will that meets your needs.

You might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Virginia

To make a will in Virginia, you must be:

• an individual 18 years of age or older (or an emancipated minor), and
• of sound mind.

(Va. Code § 64.2-401 (2025).)

You must make your will on physical paper. It can't be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter. Virginia does permit handwritten wills, but they are usually not a good idea. (Va. Code § 64.2-403 (2025).)

How to Sign and Execute My Virginia Will

To finalize your will in Virginia:

• you must sign or acknowledge your will in front of two competent witnesses, and
• your witnesses must sign your will in front of you.

(Va. Code § 64.2-403 (2025).)

While Virginia law allows you to have "interested" people (people who stand to inherit from you) serve as your witnesses, it's usually best to use only disinterested witnesses to avoid any allegations of misconduct. (Va. Code § 64.2-405)

Holographic (handwritten) wills don't have to be witnessed. A handwritten will must be entirely in your handwriting, and at least two people need to be able to say that the will and your signature are wholly in your own handwriting. (Va. Code § 64.2-403 (2025).)

Do I Need to Have My Will Notarized?

No, in Virginia, you don't need to notarize your will to make it legal.

However, Virginia allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Va. Code § 64.2-452 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Virginia currently doesn't allow e-wills, but that might change in the future.

Can I Choose and Appoint an Executor in My Will?

Yes. In Virginia, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Virginia?

In Virginia, you may revoke or change your will at any time. You can revoke your will by:

• cutting, tearing, burning, obliterating, canceling, or destroying all or part of your will with the intent to revoke it
• ordering someone else to cut, tear, burn, obliterate, cancel, or destroy all or part of your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old will or that has contradictory terms to the old will.

(Va. Code § 64.2-410 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Virginia law revokes any language in your will that leaves property to your spouse. It also revokes any provision that names your spouse to be your executor unless you specifically state in your will that divorce won't affect the appointment of your executor. If you happen to remarry your spouse and don't make a new will, this rule won't apply. (Va Code § 64.2-412 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Virginia's laws about making wills here: Code of Virginia Title 64.2 Wills, Trusts, and Fiduciaries Subtitle II Wills and Decedents' Estates Chapter 4 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Virginia wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as probate instructions to the court. If you want to avoid probate in Virginia, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Virginia?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Virginia, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the circuit court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Virginia does allow will makers to deposit their wills with the circuit court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (Va. Code § 64.2-409 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Virginia doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.