Wills Lawyer in Virginia — How to Make a Valid Will and Protect Your Family

Without a will, the state decides who inherits. This guide from a wills lawyer in Virginia perspective explains how to make a valid will, what to include, and how to avoid common mistakes.

In Virginia, a will must be in writing, signed by the person making it and signed by two witnesses. In addition, Virginia gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Consequently, local rules shape every will.

Our attorneys draft wills, powers of attorney and healthcare directives for Virginia residents, entirely online, at fixed prices.

Why you need a will in Virginia

A will says who receives your property and who manages your estate. In addition, it lets parents nominate a guardian for minor children. Without one, Virginia's intestacy laws decide who inherits.

Intestacy rules may not match your wishes. For example, unmarried partners and stepchildren usually receive nothing. Therefore, a will is essential for blended families. Our Last Will and Testament service drafts a will that meets Virginia's requirements.

Signing requirements in Virginia

In Virginia, a will must be in writing, signed by the person making it and signed by two witnesses. Witnesses should be adults who do not inherit under the will. Disinterested witnesses avoid later challenges.

Many wills also include a self-proving affidavit, signed before a notary. It allows the court to accept the will without calling the witnesses later. Consequently, probate usually moves faster.

Small errors, big problems

A missing signature or witness can invalidate a will. Therefore, follow the signing steps exactly.

Handwritten and electronic wills in Virginia

Virginia recognizes handwritten (holographic) wills in some circumstances, generally when the signature and key terms are in the person's own handwriting. Even so, they often cause disputes, so a properly witnessed will is much safer.

Virginia generally still expects a signed paper will, so keep the original in a safe place. Either way, store the original safely and tell your executor where it is.

Spouses and wills in Virginia

Virginia gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Consequently, spousal rights limit what a will can do.

Many couples choose mirror wills that leave everything to each other first. Our couples wills service drafts matching wills at a fixed price. In addition, a prenuptial or postnuptial agreement can change spousal rights.

Choosing an executor in Virginia

The executor manages your estate after death. They collect assets, pay debts and distribute property. Consequently, choose someone organized, honest and willing to serve.

Name at least one backup executor. Furthermore, consider whether the person lives nearby, because some states add requirements for out-of-state executors. Read our guide to probate in Virginia to see what the job involves.

Guardians for minor children

Parents of minor children should name a guardian in their will. Without a nomination, a judge decides who raises the children. Consequently, discuss the role with the person first.

You can also leave money to children through a trust. That way, a trusted person manages the money until the children are older. Otherwise, children may receive everything at 18.

Think about practical details too. For example, consider where the guardian lives, their age and their health. In addition, talk with them about schooling, religion and family contact. These conversations make a hard transition easier for your children.

What a will cannot do

Some assets pass outside a will. For example, life insurance, retirement accounts and payable-on-death bank accounts go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the co-owner.

Therefore, review your beneficiary designations along with your will. In addition, a transfer-on-death deed can pass real estate outside probate where Virginia allows it.

Will or living trust in Virginia?

A will must usually go through probate. By contrast, a living trust can avoid probate for assets placed in it. Trusts also keep details private.

Many people use both: a trust for major assets and a "pour-over" will for anything left out. Read our guide to living trusts in Virginia to compare. A living trust consultation helps you decide.

Powers of attorney and healthcare directives

A will only works after death. However, you also need documents for incapacity. A durable power of attorney lets someone manage your finances if you cannot.

Similarly, an advance healthcare directive names someone to make medical decisions and records your wishes. Together, these documents keep your family out of guardianship court. Our complete estate plan bundle includes all of them.

Updating your will in Virginia

Review your will after major life events. For example, marriage, divorce, children and moves can all change what you need. Moving states may also affect how your will works.

Small changes can be made with a codicil, which must be signed like a will. However, a new will is often cleaner. Never write changes on the original will, because that can cause disputes.

Common will mistakes in Virginia

Several mistakes cause problems for families. First, people forget to name backup beneficiaries and executors. Next, they use vague language, such as "divide fairly," which invites disputes.

In addition, people forget digital assets and pets. Furthermore, some leave the original will where no one can find it. Finally, many never sign the will properly. Each of these mistakes is easy to avoid with professional drafting.

Digital assets and pets in a Virginia will

Modern estates include digital assets. For example, online bank accounts, cryptocurrency, photos and social media accounts all need a plan. Consequently, give your executor clear authority over digital accounts.

Never put passwords in the will itself, because a probated will can become public. Instead, keep a secure list and tell your executor where to find it.

Pets need a plan too. You can name a caregiver and leave money for the pet's care. In addition, many states allow a pet trust, which makes sure the money is actually used for the animal.

Storing your will and telling your family in Virginia

A will only helps if someone can find it. Therefore, keep the signed original in a safe, accessible place, such as a fireproof box at home. Some courts accept wills for safekeeping, so ask the local clerk.

Tell your executor where the original is. In addition, give trusted family members a copy or a note saying where to look. Courts usually require the original, so copies alone may not be enough.

Finally, review the storage location whenever you move. A lost will can mean the estate passes as if there were no will at all.

What a will costs in Virginia

Will costs vary widely. Simple wills are often offered at a flat fee, while complex estates cost more. Consequently, flat fees suit most families.

Our will services are fixed-fee and prepared online. For a full overview of estate documents, read our estate planning package guide.

If you are unsure where to begin, list your assets, beneficiaries and preferred executor first. Then order your will, and we will guide you through signing it correctly.

Our Wills services in Virginia

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Virginia. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Wills across Virginia — cities we serve

We work with clients in every part of Virginia, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Virginia law and your county's local practice. Choose your city below to see local details and prices.

• Virginia Beach: Last Will and Testament in Virginia Beach · Couples Wills (Mirror Wills) in Virginia Beach · Complete Estate Plan Bundle in Virginia Beach
• Norfolk: Last Will and Testament in Norfolk · Couples Wills (Mirror Wills) in Norfolk · Complete Estate Plan Bundle in Norfolk
• Chesapeake: Last Will and Testament in Chesapeake · Couples Wills (Mirror Wills) in Chesapeake · Complete Estate Plan Bundle in Chesapeake
• Richmond: Last Will and Testament in Richmond · Couples Wills (Mirror Wills) in Richmond · Complete Estate Plan Bundle in Richmond
• Arlington: Last Will and Testament in Arlington · Couples Wills (Mirror Wills) in Arlington · Complete Estate Plan Bundle in Arlington
• Newport News: Last Will and Testament in Newport News · Couples Wills (Mirror Wills) in Newport News · Complete Estate Plan Bundle in Newport News
• Alexandria: Last Will and Testament in Alexandria · Couples Wills (Mirror Wills) in Alexandria · Complete Estate Plan Bundle in Alexandria
• Hampton: Last Will and Testament in Hampton · Couples Wills (Mirror Wills) in Hampton · Complete Estate Plan Bundle in Hampton
• Roanoke: Last Will and Testament in Roanoke · Couples Wills (Mirror Wills) in Roanoke · Complete Estate Plan Bundle in Roanoke

More Virginia services

Couples Wills (Mirror Wills) in Virginia · Complete Estate Plan Bundle in Virginia · Advance Healthcare Directive / Living Will in Virginia · Durable Power of Attorney in Virginia · Living trust consultation in Virginia · Transfer-on-Death Deed in Virginia. See all legal services in Virginia.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Last Will and Testament in Maryland, Last Will and Testament in District of Columbia, Last Will and Testament in North Carolina, Last Will and Testament in West Virginia, Last Will and Testament in Tennessee. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.