Is an Online Will Legal in Virginia?

An online service can prepare a valid Virginia will, but execution happens on paper: the testator signs (or acknowledges the signature) before two witnesses who are present at the same time, and the witnesses sign in the testator's presence. Virginia also recognizes a fully handwritten alternative: a will wholly in the testator's handwriting and signed needs no witnesses at all, though two disinterested witnesses must later prove the handwriting.

Published: August 16, 2026Statutes verified: August 16, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Virginia will.

Sign it fully remotely

Paper signing

Whether Virginia recognizes an electronic will executed without an in-person paper signing.

What this means for you

Notarization is not required for validity. Adding the § 64.2-452 or § 64.2-453 self-proving certificate at signing means the will can be probated without tracking down the witnesses. Virginia law does not authorize signing or witnessing a will over video, so keep everyone physically in the room.

What Virginia Law Requires

The governing law is Va. Code Title 64.2, Subtitle II, Chapter 4 (Wills); self-proof at Va. Code §§ 64.2-452 and 64.2-453. Each rule below links to the official source it was read from.

Requirement	The Virginia rule	Statute
Who can make a will	Age 18 or older, sound mind; emancipated minors qualify.	Va. Code § 64.2-401(B)
Written document	Required.	Va. Code § 64.2-403(A)
Signature	The testator signs. Some other person may sign for the testator in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.	Va. Code § 64.2-403(A)
Witnesses	2. For a will not wholly in the testator's handwriting, the testator's signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time, and the witnesses must subscribe the will in the presence of the testator. No form of attestation is necessary, and the statute does not require the witnesses to sign in the presence of each other.	Va. Code § 64.2-403(C)
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	Va. Code §§ 64.2-452, 64.2-453

Signing Day in Virginia

For a will not wholly in the testator's handwriting, the testator's signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time, and the witnesses must subscribe the will in the presence of the testator. No form of attestation is necessary, and the statute does not require the witnesses to sign in the presence of each other.

The self-proving step worth adding

Two alternative routes: § 64.2-452 (affidavits of the witnesses) and § 64.2-453 (acknowledgment by the testator and the attesting witnesses, with the officer's certificate attached). Self-proof is optional and does not affect validity; it documents due execution so probate can proceed without live witness testimony. Under § 64.2-453 a self-proved codicil that expressly confirms, ratifies, and republishes the will can carry the underlying will with it. Timing: at execution or at any subsequent date.

Choose witnesses carefully

No person is incompetent to testify for or against a will solely by reason of any interest in the will or the estate (§ 64.2-405), and Chapter 4 contains no purging statute: a beneficiary who witnesses a Virginia will does not forfeit the gift.

Shortcuts Virginia Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Wholly in the testator's handwriting and signed by the testator. No attesting witnesses are required at signing, but the fact that the will is wholly in the testator's handwriting and signed by the testator must be proved by at least two disinterested witnesses (a proof requirement at probate, stated in the statute itself).

Section 64.2-403(B) makes a will wholly in the testator's handwriting valid without further requirements. A partly typed document does not qualify and falls under the § 64.2-403(C) two-witness rule. (Va. Code § 64.2-403(B))

Oral wills

Section 64.2-403(A) requires every will to be in writing, and Chapter 4 has no nuncupative-will provision. One narrow statutory carve-out survives: under § 64.2-408(B), a person in the military service of the United States, or a seaman or mariner at sea, may dispose of PERSONAL estate in the same manner as he might heretofore have done, which preserves the older informal privilege for that small group only. (Va. Code §§ 64.2-403(A), 64.2-408(B))

Electronic wills

Virginia has not enacted an electronic-wills act: § 64.2-403 requires a signed writing, Title 64.2 Chapter 4 contains no electronic-execution or remote-witnessing provision, and the Uniform Electronic Wills Act has been introduced in the General Assembly (e.g. SB 1435) without passing. The § 64.2-404 writings-intended-as-wills proceeding is a post-death court remedy, not an execution path. (Va. Code § 64.2-403)

A Will Signed in Another State

Virginia has no general statute validating a will by the law of the place of execution. A will offered for probate in Virginia must satisfy Virginia's own § 64.2-403 formalities, which most conventionally witnessed wills and all wholly handwritten signed wills do. Statutory carve-outs: the will of a person domiciled outside Virginia at death is valid as to PERSONAL property in Virginia if executed according to the law of the state or country of domicile (§ 64.2-407), a military-service will that appears properly witnessed is presumed validly executed (§ 64.2-408(A)), and the § 64.2-404 writings-intended-as-wills remedy can excuse execution defects on clear and convincing evidence of testamentary intent. (Va. Code §§ 64.2-407, 64.2-404)

Keep Going

The full Virginia will-requirements guide covers capacity, revocation, and what happens when formalities fail.
Virginia estate planning sets the will beside the other documents a complete plan needs.
A Virginia revocable living trust is the main alternative when avoiding probate is the goal.

Frequently Asked Questions

Can I make my will online in Virginia?

Does a Virginia will need to be notarized?

No. Notarization is not required for a valid Virginia will. The optional self-proving step under Va. Code §§ 64.2-452, 64.2-453 makes probate easier: Two alternative routes: § 64.2-452 (affidavits of the witnesses) and § 64.2-453 (acknowledgment by the testator and the attesting witnesses, with the officer's certificate attached). Self-proof is optional and does not affect validity; it documents due execution so probate can proceed without live witness testimony. Under § 64.2-453 a self-proved codicil that expressly confirms, ratifies, and republishes the will can carry the underlying will with it.

How many witnesses does a Virginia will need?

2. For a will not wholly in the testator's handwriting, the testator's signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time, and the witnesses must subscribe the will in the presence of the testator. No form of attestation is necessary, and the statute does not require the witnesses to sign in the presence of each other. (Va. Code § 64.2-403(C))

Are handwritten (holographic) wills valid in Virginia?

Yes. Wholly in the testator's handwriting and signed by the testator. No attesting witnesses are required at signing, but the fact that the will is wholly in the testator's handwriting and signed by the testator must be proved by at least two disinterested witnesses (a proof requirement at probate, stated in the statute itself). Section 64.2-403(B) makes a will wholly in the testator's handwriting valid without further requirements. A partly typed document does not qualify and falls under the § 64.2-403(C) two-witness rule. (Va. Code § 64.2-403(B))

Are electronic wills legal in Virginia?

No. Virginia has not enacted an electronic-wills act: § 64.2-403 requires a signed writing, Title 64.2 Chapter 4 contains no electronic-execution or remote-witnessing provision, and the Uniform Electronic Wills Act has been introduced in the General Assembly (e.g. SB 1435) without passing. The § 64.2-404 writings-intended-as-wills proceeding is a post-death court remedy, not an execution path. (Va. Code § 64.2-403)

Is a will made in another state valid in Virginia?

Generally yes, within the statute’s terms. Virginia has no general statute validating a will by the law of the place of execution. A will offered for probate in Virginia must satisfy Virginia's own § 64.2-403 formalities, which most conventionally witnessed wills and all wholly handwritten signed wills do. Statutory carve-outs: the will of a person domiciled outside Virginia at death is valid as to PERSONAL property in Virginia if executed according to the law of the state or country of domicile (§ 64.2-407), a military-service will that appears properly witnessed is presumed validly executed (§ 64.2-408(A)), and the § 64.2-404 writings-intended-as-wills remedy can excuse execution defects on clear and convincing evidence of testamentary intent. (Va. Code §§ 64.2-407, 64.2-404)

SourcesOfficial references used for this page

Verified against Va. Code Title 64.2, Subtitle II, Chapter 4 (Wills); self-proof at Va. Code §§ 64.2-452 and 64.2-453 on August 16, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Virginia Resources

Explore the rest of the Virginia probate hub.

Start here

Do I need probate?4 pages

Costs and money5 pages

File for probate2 pages

Transfer assets4 pages

Learn and reference5 pages