Virginia Will Requirements
If you live in Virginia, a will that fails the state's execution rules is the same as having no will at all. This 2026 guide breaks down Virginia's witness count, notarization rules, and whether handwritten wills are accepted — plus a faster, voice-guided way to draft yours with VoiceWill™.
How a will is executed in Virginia
Virginia requires two adult witnesses to validly execute a will. Witnesses must be of legal age, mentally competent, and — in most cases — disinterested (not named as beneficiaries). notarization is optional in Virginia but recommended to create a self-proving affidavit that simplifies probate.
Two witnesses required. Holographic (handwritten) wills are accepted in this state.
Witnesses and notarization in Virginia
Choosing the right witnesses is one of the most common mistakes Virginia residents make. A beneficiary witness can invalidate a bequest in many states. Virginia attorneys generally recommend two clearly disinterested adults sign at the same time, in the testator's presence, and in each other's presence.
A self-proving affidavit is a short notarized statement attached to the will. It is not the will itself — it allows Virginia probate courts to admit the will without calling the witnesses back to testify, which saves time and cost during probate.
- two adult witnesses required at signing
- Notarization is optional in Virginia but recommended to create a self-proving affidavit that simplifies probate
- Virginia accepts holographic (handwritten, unwitnessed) wills meeting state criteria
- Witnesses should be disinterested adults
- Self-proving affidavit recommended for faster probate
What Virginia probate looks like
When a Virginia resident dies with a will, the executor files it in the probate court of the county where the decedent lived. The court validates the will, supervises the executor, and oversees distribution. Small estates may qualify for a simplified or affidavit-based process; larger or contested estates can take 6–18 months.
A living trust is the most common way Virginia families bypass probate for major assets. VoiceWill™ can draft a coordinated will and revocable trust together so nothing is missed.
Healthcare directive and power of attorney in Virginia
A will only takes effect at death. Two other documents protect you while alive: a Virginia advance healthcare directive (also called a living will or healthcare proxy) names who makes medical decisions if you cannot, and a Virginia durable power of attorney names who manages your finances during incapacity. Most Virginia estate plans need all three.
Choosing executors and guardians in Virginia
Your executor must be an adult Virginia resident or, for non-residents, generally a close relative — confirm your county's rules. Name at least one alternate. If you have minor children, your will is the place to nominate a guardian; Virginia courts give strong weight to a parent's nomination but make the final call based on the child's best interests.
Frequently asked questions about Virginia will requirements
How many witnesses does a will need in Virginia?
Virginia requires two adult witnesses who are of legal age, mentally competent, and generally not beneficiaries of the will.
Is notarization required for a Virginia will?
No — Virginia does not require notarization, but a notarized self-proving affidavit is strongly recommended to speed probate.
Are handwritten (holographic) wills accepted in Virginia?
Yes. Virginia accepts holographic wills written and signed entirely in the testator's handwriting, but they are far easier to challenge than a properly witnessed will.
Can I make my Virginia will online?
Yes. VoiceWill™ guides you through a voice conversation, prepares a Virginia-compliant draft, and explains exactly how to sign and witness it under Virginia law.
Does a Virginia will avoid probate?
No. A will still goes through Virginia probate. To avoid probate, Virginia residents typically pair the will with a revocable living trust.
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