A Virginia last will and testament is a written legal document that states how a testator wants their property and assets distributed to their chosen heirs after death.
Writing a last will and testament can be a prudent option for anybody who would like to steer clear of disagreements and misunderstandings. A thought-out and appropriately written will can be vital to the ones you love and relations upon your passing even when you do not have lots of assets.
On this page, you can download a free Virginia last will and testament form that you can fill in and print out. Below, you will also find the information most people preparing Virginia wills want to know, from state requirements to common questions.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Virginia law. If you notice an error or outdated information, please contact us.
Virginia wills must meet specific legal rules to be valid. A will must be in writing and signed by the testator, or by someone else in the testator’s presence and at their direction.[2.1] These core requirements, and the Code of Virginia sections that set them, are as follows.
Review your Virginia last will after a marriage, divorce, birth, or other major life change, and update your beneficiaries and executor choices as needed.
| Requirements | State laws | |
| Statutes | Title 64.2 – Wills, Trusts, and Fiduciaries; Chapter 4 – Wills | |
| Signing requirement | Two witnesses | § 64.2-403. Execution of wills; requirements |
| Age of testator | 18 or older or an emancipated minor | § 64.2-401. Who may make a will; what estate may be disposed of |
| Age of witnesses | No set age, must be competent | § 64.2-403. Execution of wills; requirements |
| Self-proving wills | Allowed | § 64.2-452. How will may be made self-proved; affidavits of witnesses |
| Handwritten wills | Recognized if meeting certain conditions | § 64.2-403. Execution of wills; requirements |
| Oral wills | Not recognized | |
| Holographic wills | Recognized if meeting certain conditions | |
| Depositing a will | Possible with the clerk of the Virginia circuit court | § 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts |
A handwritten, or holographic, last will is valid in Virginia and can leave your property to the heirs you choose. State law allows a will that is wholly in the testator’s own handwriting without witnesses at signing, provided the fact that it is entirely handwritten and signed by the testator is later proved by at least two disinterested witnesses.[2.2] A typed will still needs two witnesses who watch it get signed.
1. Consider your possible choices. Prior to beginning, you may want to decide if you’d like to use the services of a lawyer or write the entire document by yourself. In the event that you would like to prepare the will on your own, pick the type you will use: a handwritten will or maybe a free last will and testament form.
2. Indicate your details. The first step is establishing the testator by entering their full name, as well as the residential info (city, county, and state). Go over the remaining part of the passage, including the information you’ve written along with the “Expenses and Taxes” subsection.
3. Indicate the executor (or executrix). The next step is to select the executor of your last will, the person responsible for ensuring all you lay out in this document is made a reality. To do this, you need to indicate the executor’s full name, as well as their residential specifics (city, county, and state).
Ensure that you choose a person who resides in the same state as you do. If you don’t, there’ll be much more red tape and unnecessary hassle identified with the procedure as a consequence of various special rules every state has relating to out-of-state executors.
As a safeguard, you may appoint an alternate executor for your last will and testament. If your first choice is unable to carry out their duties, this backup executor can step in.
4. Establish the guardian (optional). You can choose a trusted person as a guardian in case you have minor or dependent children that must be taken care of. If there are no instructions concerning what person should take care of your children, the guardian will be chosen by the court.
5. Specify your beneficiaries. At this point, establish individuals to whom you wish to pass your assets down, that is, your beneficiaries. Enter their full names, places of residence, and your connection to them (e.g., spouse, child, friend).
6. Designate property. It’s possible to indicate which of your inheritors receives this or that piece of property. If you don’t, the assets are going to be divided equally among the inheritors. Cash, stocks, real estate, company ownership, money for outstanding arrears, and any physical items of financial value you own can be brought up in your last will and testament. Nevertheless, joint and living will property, along with your life insurance, can’t be put into your last will and testament.
7. Have your witnesses sign. Virginia law requires at least two competent witnesses who are present at the same time and who sign the will in your presence as the testator.[2.3] Only somebody who isn’t your beneficiary and is of 18 years or more could be picked as a witness. Think about picking witnesses who are younger than you, since they are more likely to still be available if the will is ever contested in court.
After you review every section of your last will and testament, you and your two witnesses need to write your names and full addresses and sign the document.
Virginia law says that a last will is valid without a notary public certifying it. However, if you want to attach a self-proving affidavit to your will, you will need to notarize it. Making your will self-proving is an excellent option since it speeds up the probate and gives another layer of certainty if your will’s credibility is doubted. You can learn more about this in Virginia’s self-proving affidavit law.[1.2]
The testator must have testamentary capacity to write or change a last will. Virginia law denies the capacity to make a will to anyone who is of unsound mind or an unemancipated minor.[3] In practice, this means you must be 18 or an emancipated minor, and of sound mind. Soundness of mind means you understand your property, know who your beneficiaries are, and understand the effect of signing your will.
The Commonwealth does not recognize community or marital property. It is not required that belongings gathered or improved during a marriage be split equally between spouses. You can disinherit your spouse in a Virginia will, but your spouse can still claim an elective share of your estate. Virginia law protects surviving spouses by letting them claim this elective share instead of taking what the will leaves them.
Besides your spouse, Virginia law permits you to disinherit any other family member. Add specific disinheritance language to your last will and testament to cut off a child age 18 or older, or another family member, from receiving any of your property.
Under Virginia law, someone else may sign your last will for you as long as you direct them to do so and they sign in your presence.[2.1] You can give that instruction in several ways, including:
A notary or another person can sign the testator’s name if the testator cannot do it because of a physical disability, as long as the testator directs it and a witness is present. Virginia requires two disinterested witnesses only to prove that a will is entirely in the testator’s own handwriting.[2.2] For a typed will signed in front of witnesses, state law does not require those witnesses to be disinterested.
| Related documents | Cases when you may need to create one |
| Codicil | There are some slight modifications you’d like to make to your will. |
| Self-proving affidavit | You would like to avoid possible difficulties in the probate court. |
| Living will | You would like to declare your wishes about the end-of-life medical treatment and life-prolonging procedures. |
| Living trust | You want to consider an alternative to a will. |
This page is general information about Virginia last wills, not legal advice. For advice on your situation, talk to a Virginia attorney.
