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A valid Virginia will needs your signature and two witnesses present at the same time — or it can be written wholly in your own handwriting with no witnesses, provided two disinterested people can later vouch for your handwriting. No notary is required, electronic wills are not recognized, and Virginia’s intestacy rule is generous to spouses with one sharp exception for blended families. Online services prepare a Virginia-specific will for $199–$299. Every rule below cites the Code of Virginia.
Most Virginia adults can finish a legally valid will in under an hour.
If your wishes are straightforward — who gets what, who’s in charge, who raises your kids — an online service like Trust & Will prepares a Virginia-specific will with the witness pages laid out so the simultaneous-presence rule is satisfied.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Virginia Will Requirements (2026)
Va. Code § 64.2-403 sets the execution rules:
| Requirement | Virginia rule | Statute |
|---|---|---|
| In writing | A physical written document — Virginia has no electronic-wills law | § 64.2-403(A) |
| Signed | By you (or another in your presence and at your direction), in a manner that makes clear you intend the signature to authenticate the will | § 64.2-403(A) |
| Witnessed | Two competent witnesses, present at the same time, who see you sign or hear you acknowledge the signature, and who subscribe in your presence | § 64.2-403(C) |
| Notarized | Not required for validity | § 64.2-403 |
Who can make a will: anyone who is not of unsound mind and not an unemancipated minor (§ 64.2-401(B)) — sound-minded adults, plus emancipated minors.
Handwritten (Holographic) Wills Are Valid in Virginia
A will wholly in your own handwriting and signed is valid with no witnesses at the signing (§ 64.2-403(B)). The witnesses come later: at probate, at least two disinterested witnesses must prove the document is wholly in your handwriting. That detail matters practically — the people who can recognize your handwriting need to still be around, findable, and have no stake in the estate. A holographic will by a private person with few acquaintances is a probate problem waiting to happen. Valid, yes; a plan, no.
The proof requirement is shared with Tennessee, which also makes two witnesses vouch for the handwriting. The simultaneity rule, by contrast, is where Virginia parts company with North Carolina, which allows you to sign or acknowledge before each witness separately.
Electronic Wills: Not Legal in Virginia
Virginia does not recognize electronic wills. A bill to add them (HB 1403, 2018) was never enacted — the current wills chapter contains no electronic-execution or remote-witnessing provisions, and § 64.2-403 requires a signed writing with witnesses physically present at the same time. Online will services are legal in Virginia the ordinary way: the service prepares the document; you print and sign it before both witnesses together.
The harmless-error rule — with a hard limit
Virginia can forgive a defective execution: a circuit court may treat a noncompliant document as a valid will on clear and convincing evidence that you intended it as one (§ 64.2-404). But the statute draws one line most states’ versions don’t: it cannot excuse a missing signature — except in two almost comic scenarios: spouses who accidentally sign each other’s wills, or a testator who signs the self-proving certificate instead of the will itself. The proceeding must be filed within one year of death with every interested person joined. It’s a safety valve for botched ceremonies, not a substitute for doing them right.
Dying Without a Will in Virginia: Who Gets What
Virginia’s intestacy rule (§ 64.2-200) is simpler than most states’ — one generous default, one sharp exception:
| Your situation | What happens without a will |
|---|---|
| Married — no children, or all children shared with your spouse | Spouse takes the entire estate |
| Married, with a child or descendant who is not your spouse’s | Spouse takes one-third; your children and their descendants take two-thirds |
| Single | Children and their descendants first, then up the family line (§ 64.2-200) |
The cliff between those rows is enormous. A remarried Virginian with a child from a first marriage flips the spouse from everything to one-third — and hands two-thirds, including two-thirds of the home’s value, to children who may be adults with their own opinions or minors with a guardian. In a state thick with military families and second marriages, that single row is the strongest argument on this page for an afternoon spent writing a will.
What a Will Costs in Virginia
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten (holographic) | $0 | Valid — if two disinterested people can later prove your handwriting; the most-contested format |
| Online service | $199 individual / $299 couple | Virginia-specific will with witness pages, done in about an hour |
| Virginia attorney | Flat fees vary by region — Northern Virginia runs far above the rest of the state | Custom drafting and counsel |
Online pricing verified against Trust & Will’s published rates (August 2026). The Virginia bar publishes no fee survey, so we quote no attorney figures we can’t source — collect flat-fee quotes and compare. See how Virginia compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Virginia Will Does Not Do
1. A will does not avoid probate. It’s the instruction sheet the circuit court clerk follows. Virginia probate is administered county-by-county with probate tax, inventories, and accountings — a real process, if a manageable one. If avoiding it matters, that’s a living trust’s job: see what a living trust costs in Virginia.
2. A will does not cover incapacity. It operates only at death. Pair it with a durable power of attorney and an advance medical directive — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts (including the TSP, for Virginia’s federal workforce), and payable-on-death accounts pass to the named beneficiary no matter what the will says.
Will vs. Trust for Virginia Families
Every Virginia adult needs a will — the blended-family cliff above makes the case by itself. Whether to add a living trust turns on circumstances Virginia has in abundance: military and federal families who relocate often (and may own property in more than one state), Northern Virginia home values, and privacy. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Virginia living trust cost guide.
If the will is what you need today, Trust & Will’s Virginia package includes the witness pages, guardianship nominations, and healthcare documents — build your Virginia will here.
FAQ
Does a will have to be notarized in Virginia?
No. Validity requires your signature and two competent witnesses present at the same time (§ 64.2-403). Notarization enters only if you later add a self-proving acknowledgment so witnesses need not appear at probate.
Are handwritten wills legal in Virginia?
Yes — wholly in your handwriting and signed, no witnesses needed at signing (§ 64.2-403(B)). At probate, two disinterested witnesses must prove the handwriting is yours.
Do my witnesses have to be present at the same time?
Yes — unlike some states, Virginia requires both witnesses present simultaneously when you sign or acknowledge the will (§ 64.2-403(C)).
Can I make an electronic will in Virginia?
No. The 2018 electronic-wills bill was never enacted, and the current chapter has no e-will provisions. Online services are legal because you print and sign the finished document.
What happens if I die without a will in Virginia?
Your spouse inherits everything — unless you have a child or descendant who isn’t also your spouse’s, in which case your spouse takes one-third and your descendants take two-thirds (§ 64.2-200).
Does a will avoid probate in Virginia?
No — a will is administered through the circuit court. Living trusts, beneficiary designations, and survivorship titling are the tools that pass property outside the process.
Virginia Law Cited on This Page
- Va. Code § 64.2-401 — who may make a will
- Va. Code § 64.2-403 — execution; holographic wills
- Va. Code § 64.2-404 — writings intended as wills (harmless error)
- Va. Code § 64.2-200 — course of descents
- Va. Code Title 64.2, ch. 4 — chapter listing (no electronic-wills provisions)
Update log — August 2026: page created; all statutory requirements verified against the Code of Virginia at the state’s official law portal. Reviewed when Virginia law changes.