How to Make a Valid Will in Virginia

Virginia in depth

Virginia is more forgiving than most strict states, and more careful than most loose ones. It recognizes handwritten wills, it doesn't require a notary, it disqualifies no one for being a beneficiary-witness, and since 2007 a court can even rescue a document that wasn't executed correctly. But each of those flexibilities has an edge people cut themselves on — a "holographic" will that isn't entirely in their hand, or a harmless-error rule that can't fix a missing signature.

The statute facts above give you the rules. This section covers where Virginia wills actually go wrong, the safety valve that can save a botched one, and the protections built into Virginia law that you cannot draft around.

Five ways a Virginia will gets thrown out

Most Virginia wills that fail, fail on how they were signed — not on what they say. These are the recurring ones.

1. 1

   Only one witness — or witnesses who signed at different times

   A Virginia will (that isn't wholly handwritten) needs two competent witnesses who are present at the same time and who either watch you sign or hear you acknowledge your signature, then sign in your presence (Va. Code § 64.2-403(C)). Collecting the two signatures separately, or on different days, breaks the "same time" requirement. Get the testator and both witnesses in one room at one time.

2. 2

   A "holographic" will that isn't entirely in your handwriting

   Virginia recognizes handwritten wills, but only if the will is wholly in your own handwriting and signed by you (Va. Code § 64.2-403(B)). People fill in a typed or store-bought form in their own hand and assume it counts. If material words are printed rather than handwritten, and there are no two witnesses, it is neither a valid holographic will nor a valid attested one — and a holographic will still has to be proved later by two disinterested people who can identify your handwriting.

3. 3

   Assuming a spoken wish counts as a will

   Virginia does not recognize nuncupative (oral) wills. The old carve-out for soldiers and sailors was eliminated in the 2007 recodification, so § 64.2-403 now requires a writing in every case. A deathbed instruction to family, however clear and however many people heard it, is not a valid will in Virginia.

4. 4

   Leaning on the harmless-error rule to fix a missing signature

   Virginia's "writings intended as wills" statute lets a court treat a non-compliant document as a will if it's proved by clear and convincing evidence that you intended it as your will (Va. Code § 64.2-404). But it cannot excuse your missing signature — except in two narrow cases (spouses who accidentally sign each other's wills, or a testator who signs the self-proving certificate instead of the will). And the clock is short: the proceeding to establish such a writing as a will must be filed within one year of the decedent's death (Va. Code § 64.2-404). Treat harmless error as an expensive courtroom rescue, not a shortcut. Sign the will yourself.

5. 5

   Signing electronically or by video

   As of 2026, Virginia has not authorized electronic wills — it has not adopted the Uniform Electronic Wills Act, and its Uniform Electronic Estate Planning Documents Act expressly excludes wills. A scanned PDF, an e-signature, or a will "witnessed" over a video call is not a valid Virginia will. The valid route is still a paper document signed in wet ink with two witnesses physically present (Va. Code § 64.2-403).

You can't fully disinherit a spouse in Virginia

Virginia is not a community-property state, but it still protects a surviving spouse through an elective share. A spouse who is left too little can claim 50% of the value of the "marital-property portion" of the augmented estate (Va. Code §§ 64.2-308.3, 64.2-308.4). The augmented estate is a broad pool designed to capture assets that pass outside the will, so this is not something you can defeat simply by leaving the spouse out of the document.

The one moving part is the marital-property portion itself, which is set by a sliding scale that rises with the length of the marriage — a short marriage exposes a small fraction of the estate to the claim, a long one a much larger fraction, with the flat 50% multiplier applied on top. If part of your plan depends on leaving a spouse less than the statutory share, build the elective share into the plan rather than ignoring it; the court applies its own math regardless of what the will says.

The spouse or child you forgot — and the ex-spouse you didn't remove

If you marry after signing your will and never update it, your new spouse is an "omitted spouse" and can claim the share they would have received had you died with no will at all — unless the will shows the omission was intentional or you provided for the spouse outside the will (Va. Code § 64.2-422). A child born or adopted after the will is signed is likewise protected and takes an intestate share (Va. Code § 64.2-419).

One gap surprises people: Virginia has no general pretermitted-child protection for a child merely left out. The after-born and after-adopted rule protects only children who arrived after the will — a living child you simply omit has no automatic statutory claim. Divorce cuts the other way and works automatically: a final divorce or annulment revokes any gift to the former spouse, who is treated as having predeceased you (Va. Code § 64.2-412). The safe move is the same in every case — revisit the will after any marriage, divorce, birth, or adoption.

Handwritten wills are valid — but the whole will has to be in your hand

A Virginia holographic will needs no witnesses at the time you sign it. What it needs is to be wholly in your own handwriting and signed by you (Va. Code § 64.2-403(B)). A typed or printed form with handwritten blanks does not qualify; the will itself must be handwritten from start to finish.

There is a catch at the other end. A holographic will has to be proved after death by at least two disinterested witnesses who can identify your handwriting — and "disinterested" here matters, even though Virginia otherwise lets beneficiaries witness a will. A handwritten will is a genuine emergency option in Virginia, but a typed will signed in front of two witnesses is far easier to prove and far harder to attack.

Virginia's friendly rules: no purging statute, and a self-proving affidavit

Virginia does something many strict states don't: it lets a beneficiary serve as a witness with no penalty at all. There is no "purging" statute — a witness's interest in the will does not disqualify the witness, void the gift, or void the will (Va. Code § 64.2-405). (The exception is a holographic will, where the two witnesses proving your handwriting must be disinterested.) That said, using neutral witnesses is still the cleaner practice and avoids handing a will-contest lawyer an argument.

Virginia also offers a true self-proving affidavit. You and your two witnesses can swear before a notary — either when you sign the will or at any later time — that the will was properly executed (Va. Code §§ 64.2-452, 64.2-453). A self-proved will can be admitted to probate without tracking your witnesses down to testify years later. Execute the affidavit the same day you sign; it is far harder to arrange after the fact.

Where a Virginia will is proved — and why there's no death tax to plan around

Virginia probates wills in the Circuit Court, or before its clerk, of the locality where you were domiciled — your primary residence — at death (Va. Code § 64.2-443). This is the court that decides whether your will was validly executed, which is exactly why the two-witness formalities carry so much weight; a self-proving affidavit is what keeps that probate uncontested and quick. For small estates, Virginia also provides a simplified transfer procedure that lets modest estates skip full administration — a practical shortcut worth asking the clerk about.

On taxes, Virginia is simple: there is no state estate tax (it was repealed for deaths on or after July 1, 2007) and no inheritance tax. Your estate plan does not need to solve for a Virginia death tax — only the federal estate tax, which affects very large estates. That keeps most Virginia planning focused on getting the will executed correctly, not on tax engineering.

Common questions about Virginia wills

Sources

• Va. Code § 64.2-401 — Who may make a will; capacity
• Va. Code § 64.2-403 — Execution of wills; holographic wills
• Va. Code § 64.2-404 — Writings intended as wills (harmless error)
• Va. Code § 64.2-405 — Interested persons as witnesses
• Va. Code § 64.2-452 — Self-proved wills; affidavits
• Va. Code § 64.2-200 — Course of descents; intestate share of spouse
• Va. Code § 64.2-308.3 — Right of surviving spouse to elective share
• Va. Code § 64.2-412 — Revocation of gift to former spouse on divorce
• Va. Code § 64.2-443 — Jurisdiction and venue for probate (Circuit Court)
• Virginia Department of Taxation — Estate and Inheritance Taxes

Who Can Make a Will in Virginia?

You must be at least 18 years old to make a will in Virginia. Emancipated minors may make a will (Va. Code § 64.2-401). The testator must be of sound mind (Va. Code § 64.2-401)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign the testator's name in the testator's presence and by the testator's direction.

Witness Requirements in Virginia

Virginia requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two competent witnesses who are present at the same time. Witnesses must sign in the testator's presence (Va. Code § 64.2-403).

Interested witnesses: An interested witness does not invalidate the will (Va. Code § 64.2-404)

Notarization in Virginia

Notarization is not required for a will to be valid in Virginia. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Virginia allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Va. Code § 64.2-405)

Handwritten (Holographic) Wills

Virginia does recognize holographic wills. Valid if wholly in the testator's handwriting and signed by the testator. No witnesses required at execution. Must be proved by two disinterested witnesses to the handwriting (Va. Code § 64.2-403)

Electronic Wills

Virginia does not currently recognize electronic wills. Virginia does not currently have an electronic wills statute

How to Revoke a Will in Virginia

In Virginia, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical act (cutting, tearing, burning, obliterating, canceling, or destroying) by the testator or by another at the testator's direction and in the testator's presence

Va. Code § 64.2-410

Special Provisions in Virginia

Virginia is a separate property/common law state. Surviving spouse has an elective share: if no surviving descendants, one-half of the augmented estate; if surviving descendants, one-third of the augmented estate (Va. Code § 64.2-302). Virginia requires witnesses to be present at the same time, which is stricter than some states

Relevant Virginia Statutes

• Va. Code § 64.2-401 (Who may make a will)
• Va. Code § 64.2-403 (Execution of wills)
• Va. Code § 64.2-404 (Interested witnesses)
• Va. Code § 64.2-405 (Self-proved wills)
• Va. Code § 64.2-410 (Revocation)
• Va. Code § 64.2-302 (Elective share)