How to make a will in Virginia

Virginia will requirements at a glance

How to sign a will in Virginia

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Va. Code 64.2-452 (testator acknowledgment plus witness affidavits) and 64.2-453 (acknowledgment by testator and witnesses); at execution or any later date)
5. Store the original safely and tell your executor where it is. Virginia also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind. Only unsound-mind persons and unemancipated minors are barred, so an emancipated minor may make a will (Va. Code 64.2-401(B); 'minor' means under 18, 1-207).

Witness rules

Unless wholly handwritten, the testator signs or acknowledges the will in the presence of at least two competent witnesses who are present at the same time, and the witnesses subscribe in the testator's presence. No attestation form is required (Va. Code 64.2-403(C)).

If a witness inherits: No statutory penalty: an interested person is not incompetent to testify for or against the will (Va. Code 64.2-405). A holographic will must be proved by two disinterested witnesses.

Handwritten wills

Wholly in the testator's handwriting and signed; at probate, at least two disinterested witnesses must prove the handwriting and signature (Va. Code 64.2-403(B)).

Self-proving affidavit

Virginia lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Va. Code 64.2-452 (testator acknowledgment plus witness affidavits) and 64.2-453 (acknowledgment by testator and witnesses); at execution or any later date)

Can I sign my will online in Virginia?

No. HB 133 (2026), which would have codified the Uniform Electronic Wills Act, failed in Senate Courts of Justice (6-8-1) on Feb. 25, 2026. Some vendor sites wrongly list Virginia as allowing e-wills.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: Virginia has long authorized remote online electronic notarization, but nothing addresses will self-proving certificates. Witnesses must be present at the same time as the testator under 64.2-403. (Va. Code 47.1-2 (defines 'remote online notarization'; video-and-audio identity rules), 47.1-6.1, 47.1-7)

Good to know in Virginia

Virginia's harmless-error rule (64.2-404) cannot excuse a missing testator signature, except where two people mistakenly sign each other's wills or the testator signs the self-proving certificate instead of the will. Lifetime deposit with the circuit court clerk ($5) is available only where the court's judges have authorized it (64.2-409).

Estate and inheritance taxes

Virginia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Virginia will questions

Does a will need to be notarized in Virginia?

No. Two witnesses make a Virginia will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in Virginia?

Wholly in the testator's handwriting and signed; at probate, at least two disinterested witnesses must prove the handwriting and signature (Va. Code 64.2-403(B)).

Can a beneficiary witness a will in Virginia?

No statutory penalty: an interested person is not incompetent to testify for or against the will (Va. Code 64.2-405). A holographic will must be proved by two disinterested witnesses.

Can I make a will online in Virginia?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Virginia doesn't allow electronic wills, so the will must be signed on paper.

Does Virginia have an estate or inheritance tax?

Virginia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Virginia statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Virginia attorney.