Virginia Will Requirements (2026)
Under Virginia Code § 64.2-401, a valid will in Virginia must meet these requirements:
- Age: You must be 18 or older (or a married minor, or a member of the armed forces)
- Mental capacity: You must be of sound mind at the time of signing
- Written document: Virginia does not recognize oral wills for most purposes
- Signature: You must sign the will (or direct someone to sign it in your presence)
- Two witnesses: Two competent adults must witness your signature. Witnesses do not need to be Virginia residents, but they should not be beneficiaries of the will (an "interested witness" can undermine the bequest to that person)
- Notarization: Not required for a valid will in Virginia, but highly recommended — a "self-proving affidavit" (which requires notarization) allows the will to be admitted to probate without witness testimony
Virginia's Unique Rule: Handwritten Wills
Virginia recognizes holographic wills — entirely handwritten and signed by the testator — without any witnesses. However, typed or printed wills always require two witnesses. For important estate plans, we recommend a properly witnessed and notarized will to avoid any probate complications.
Top Online Will Makers for Virginia Residents
Trust & Will
Price: Individual Will Plan — $199 | Couples Plan — $299
Trust & Will is our top pick for Virginia residents. Their platform generates a complete estate plan — will, healthcare directive, and durable power of attorney — that's reviewed by attorneys and valid in all 50 states including Virginia. The platform walks you through Virginia-specific signing requirements and generates a self-proving affidavit for easy probate.
- ✅ Attorney-reviewed, Virginia-compliant documents
- ✅ Includes living will and power of attorney
- ✅ Guided signing instructions for Virginia witnesses
- ✅ HIPAA authorization included
- ✅ Unlimited updates for 1 year
- ⚠️ One of the pricier options at $199+
LegalZoom
Price: Basic Will — $89 | Estate Plan Bundle — $249
LegalZoom has been creating online legal documents for 20+ years. Their Virginia will is legally valid and covers the basics well. The basic will is more affordable than Trust & Will, though it doesn't include healthcare directives. Their attorney access add-on ($29-59/month) is valuable if you want expert review.
- ✅ Established and trusted brand
- ✅ Most affordable standalone will option
- ✅ Attorney access available as add-on
- ⚠️ Healthcare directive not included in basic plan
- ⚠️ Interface is older than competitors
Fabric by Gerber
Price: Free basic will
Fabric offers a genuinely free, legally valid will for Virginia residents. It covers the basics — naming an executor, distributing assets, appointing a guardian for minor children. It doesn't include a living trust, power of attorney, or healthcare directive, but for simple situations it's a legitimate free option.
- ✅ Completely free for basic will
- ✅ Legally valid in Virginia
- ⚠️ Limited to basic will only
- ⚠️ No healthcare directive or POA
Virginia-Specific Estate Planning Issues
Virginia Probate and the Elective Share
Virginia has a spousal "elective share" — if you leave your spouse less than 50% of your estate in your will, they can elect to take 50% instead (Virginia Code § 64.2-308.1). This is an important consideration when creating your estate plan, especially in second marriages or blended families.
Virginia Living Trusts
A revocable living trust is particularly valuable in Virginia because it avoids the state's probate process entirely. Virginia probate costs vary by county but typically include a filing fee (around $25-50) plus commissioner's fee (percentage of estate value), plus attorney fees. For estates with real estate or significant assets, a living trust can save thousands.
Virginia Advance Medical Directive
Virginia recognizes an "Advance Medical Directive" — a document that combines a living will (your end-of-life care wishes) with a healthcare power of attorney (who makes decisions if you can't). This is separate from your regular will and should be part of every complete Virginia estate plan.
Transfer on Death Deeds in Virginia
Virginia allows Transfer on Death (TOD) deeds for real estate — you can name a beneficiary to inherit your home without probate. This is a simple, free alternative to a living trust for property owners. You can create a TOD deed yourself (no attorney required) and record it at the county courthouse.
What to Include in Your Virginia Will
- Personal property distributions (who gets what)
- Real estate — who inherits your Virginia home or other property
- Executor appointment — who manages your estate through probate
- Guardian for minor children — critically important for parents
- Residuary clause — who gets everything not specifically mentioned
- Digital assets — online accounts, crypto, digital property
- Pet care provisions — who cares for your animals
Virginia Estate Tax
Good news for Virginia residents: Virginia does not have a state estate tax or inheritance tax. The federal estate tax only applies to estates over $13.61 million (2026). For the vast majority of Virginians, estate tax planning is not a primary concern — focus on avoiding probate and ensuring your assets reach the right people efficiently.
Create Your Virginia Will Today
Don't leave your family without a plan. Start with Trust & Will — complete Virginia estate planning in 20 minutes for $199.
Get Started with Trust & Will →Frequently Asked Questions
Does my Virginia will need to be notarized?
No — notarization is not required for a valid will in Virginia. However, having your will notarized (as part of a self-proving affidavit signed by witnesses) makes the probate process significantly easier. Without notarization, witnesses may need to appear in court to verify their signatures. All reputable online will services include self-proving affidavit instructions.
Can I make my own will in Virginia without a lawyer?
Yes. Virginia law does not require an attorney to create a will. Online services like Trust & Will and LegalZoom create attorney-reviewed, legally valid wills without needing you to hire an attorney directly. For simple estates, this works well. For complex situations (blended families, business ownership, large estates), consulting an estate planning attorney is worth the cost.
How much does probate cost in Virginia?
Virginia probate costs include a state filing fee (about $25-50), a commissioner of accounts fee (approximately 2-5% of the estate value for first accounting), and attorney fees if you use one. Total costs can range from a few hundred dollars for simple estates to thousands for complex ones. A living trust avoids probate entirely.
Is a handwritten will valid in Virginia?
Yes — Virginia recognizes holographic (entirely handwritten) wills without any witnesses. However, the entire document must be in the testator's handwriting, and the courts will scrutinize it carefully. For clarity and reliability, a typed will with two witnesses (and notarization) is strongly preferred.