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Virginia Will Requirements
Support GuideVirginia10 min read

Virginia Will Requirements

Virginia will requirements explained: the 18-and-sound-mind rule, two-witness signing, holographic wills, self-proving affidavits, and how divorce revokes a will.

By Settled Editorial

Virginia will requirements come down to a short list of rules in the Code of Virginia, and most people want one answer first: what makes a will valid here. In Virginia, the maker (the testator) must be at least 18 and of sound mind, the will must be in writing and signed, and for a typed or printed will the signature must be made or acknowledged in front of two competent witnesses present at the same time, who then sign in the testator's presence. Virginia also recognizes a handwritten (holographic) will without witnesses, and lets a will be made self-proving so witnesses do not have to appear at probate. (See Va. Code 64.2-403 and Va. Code 64.2-401.)

Use this page as a planning map, not as legal advice or a do-it-yourself signing kit. Virginia courts apply these statutes to the exact facts of each will, and a small signing mistake can put a will at risk. When property, a blended family, or a possible dispute is involved, confirm your plan with a licensed Virginia attorney before you sign.

This guide pairs with the Virginia probate guide for what happens after death, and with the Virginia certificate of qualification guide for how an executor proves authority once a will is admitted.

Who Can Make a Will in Virginia

Two capacity rules sit at the front of Virginia will requirements. The Code says an individual cannot make a will if that person is (i) of unsound mind or (ii) an unemancipated minor. (Source: Va. Code 64.2-401.)

In plain terms:

  • Age. The maker must be at least 18, because an unemancipated minor cannot make a will. A person under 18 who has been legally emancipated may be able to make one.
  • Sound mind. The maker must understand, in a general way, that he is making a will, the nature and extent of his property, and the people who would normally receive it. A will signed by someone of unsound mind is not valid.

Capacity is judged at the moment of signing, not before or after. A later illness does not undo a will that was validly made while the testator had capacity.

The Core Signing Rules

For a will that is not wholly handwritten (the typed or printed will most people use), Virginia sets three linked requirements. (Source: Va. Code 64.2-403.)

  1. Writing and signature. The will must be in writing and signed by the testator, or signed by another person in the testator's presence and at the testator's direction, in a way that makes it manifest the name is intended as a signature.
  2. Two witnesses at the same time. The testator must sign the will, or acknowledge an already-made signature, in the presence of at least two competent witnesses who are present at the same time.
  3. Witnesses sign in the testator's presence. Those two witnesses must then subscribe (sign) the will in the presence of the testator. No particular form of attestation language is required.

The two-witness rule is the part that trips up homemade wills. Both witnesses have to be together with the testator for the signing or acknowledgment, and both have to sign while the testator watches. A witness who signs later, alone, or in another room breaks the chain. Choose witnesses who are not receiving anything under the will when you can, and keep them reachable for probate.

A practical reassurance: Virginia does not require a will to be notarized to be valid. Notarization only matters for the optional self-proving affidavit described below. A will signed by the testator and two competent witnesses is valid without a notary.

Handwritten (Holographic) Wills

Virginia is one of the states that recognizes a holographic will, meaning a will wholly in the testator's own handwriting. A will wholly in the testator's handwriting is valid without further requirements, including without witnesses, provided that the fact that the will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses. (Source: Va. Code 64.2-403.)

Read the conditions closely:

  • Wholly handwritten. The entire document must be in the testator's handwriting. A printed form with handwritten blanks is not a holographic will.
  • Signed. The testator must sign it.
  • Proved later by two disinterested witnesses. No one needs to witness the signing, but after death two disinterested people must prove that the handwriting and signature are the testator's.

A holographic will is a real option, but it is the most contested kind. Handwriting can be hard to prove, intent can be unclear, and finding two disinterested handwriting witnesses years later is not always easy. A typed will signed before two witnesses, made self-proving, is usually the cleaner path.

Self-Proving Affidavits

Virginia lets a will be made self-proving, which removes a common probate headache: tracking down the witnesses to testify. A will may be made self-proved at signing or any later date by the acknowledgment of the testator and the affidavits of the attesting witnesses, each made before an officer authorized to administer oaths, such as a notary public. The court then accepts that affidavit as if the witnesses had testified in person. (Source: Va. Code 64.2-452 and Va. Code 64.2-453.)

What this means for a Virginia will:

  • A self-proving affidavit is optional. A will without one is still valid if it was signed correctly.
  • The affidavit does not replace the witnesses at signing. It is an extra sworn, notarized statement by the testator and the same witnesses.
  • With a self-proving affidavit, the Clerk of the Circuit Court can usually admit the will without locating the witnesses, which saves time and avoids problems if a witness has died or moved.

Adding a self-proving affidavit is the single easiest way to make a typed Virginia will move smoothly through probate.

Witnesses Who Are Also Beneficiaries

A frequent worry is whether a will fails because a witness also inherits under it. In Virginia, no person is incompetent to testify for or against a will solely because of an interest in the will or the estate. (Source: Va. Code 64.2-405.)

So an interested witness does not void the will, and current Virginia law does not contain a "purging" rule that strips or reduces the gift to a witness-beneficiary. Even so, using disinterested witnesses is the safer practice. It removes any argument about undue influence or bias and keeps the signing clean if the will is ever challenged.

Notarization and Oral Wills

Two points close out the basics of Virginia will requirements.

  • Notarization is not required for validity. A Virginia will is valid when it meets the writing, signature, and witness rules in Va. Code 64.2-403. A notary is involved only in the optional self-proving affidavit, which speeds up probate but is not part of basic validity.
  • Oral (nuncupative) wills are very limited. Virginia does not provide a general path for spoken wills. Do not rely on a verbal statement of wishes as a substitute for a written, signed will.

How a Virginia Will Is Revoked or Changed

A valid will can be undone, and the methods matter. Virginia recognizes revocation by a later writing and by physical act. A will or codicil is revoked when the testator (or another person in the testator's presence and at the testator's direction) cuts, tears, burns, obliterates, cancels, or destroys it with the intent to revoke, and a later will or codicil that expressly revokes a former will, or that is wholly inconsistent with it, also revokes the earlier one. (Source: Va. Code 64.2-410.)

Three follow-on rules are worth knowing:

  • Revival after revocation. A revoked will is not automatically revived by revoking the later will. To bring back a revoked will, the testator generally must reexecute it in the manner the law requires. (Source: Va. Code 64.2-411.)
  • Divorce revokes gifts to an ex-spouse. If the testator divorces or has the marriage annulled after making the will, the divorce or annulment revokes any disposition or appointment the will made to the former spouse, and the property passes as if that former spouse had not survived the testator, unless the will says otherwise. (Source: Va. Code 64.2-412.)
  • Other life changes. Beyond divorce, simply changing your circumstances does not rewrite your will. Update the document itself, with the same signing formalities, when your wishes change.

Because divorce automatically cuts an ex-spouse out of will provisions, review your full plan after any divorce. The will, beneficiary designations, and any trust may not update on the same rules.

What This Means for Your Plan

If you want a Virginia will that holds up, the cleanest version usually looks like this:

  1. Confirm the testator is at least 18 and of sound mind.
  2. Put the will in writing and have the testator sign it.
  3. Sign in front of two competent, ideally disinterested, witnesses present at the same time, and have both witnesses sign while the testator watches.
  4. Add a notarized self-proving affidavit so the witnesses do not have to appear at probate.
  5. Store the original safely and tell your executor where it is, because the original is what the Clerk of the Circuit Court probates.

A will is one piece of a Virginia estate plan. Many people pair it with documents that work during life and tools that avoid probate. See the Virginia power of attorney guide and the Virginia advance medical directive guide for the lifetime documents, the Virginia guide to avoiding probate and the Virginia revocable living trust guide for probate-reduction tools, and the Virginia probate without a will guide for what happens when no valid will exists. For the broader picture of how an estate moves through the courts, start at the Virginia probate guide or the Virginia county and city probate directory.

This guide is general information about Virginia wills. It is not legal advice. Confirm anything that affects your situation with the Clerk of the Circuit Court or a licensed Virginia attorney before you sign or rely on a will.

Sources

Information current as of June 10, 2026

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.

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