How do I make a valid will in Virginia?

Virginia wills are governed by Va. Code Title 64.2, Chapter 4 (Wills).

1. Testator Requirements

Age: 18 or older or an emancipated minor (Va. Code § 64.2-401).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (Va. Code § 64.2-403(A))

Will must be in writing.

Signed by the testator (or by another in the testator's presence and at the testator's direction).

The signing or acknowledgment must occur in the presence of 2 competent witnesses present at the same time.

The witnesses must subscribe the will in the testator's presence.

3. Notarization

Not required for validity. A self-proving affidavit (Va. Code § 64.2-452) executed before a notary makes the will self-proved.

4. Holographic Wills (Va. Code § 64.2-403(B))

Valid if:

Wholly in the testator's handwriting.

Signed by the testator.

No witnesses required, but proof at probate requires 2 disinterested witnesses to the testator's handwriting (Va. Code § 64.2-444(B)).

5. Harmless Error Rule

Virginia has a harmless error statute (Va. Code § 64.2-404) — a writing that fails the formalities may still be treated as a will if the proponent shows by clear and convincing evidence that the decedent intended it as a will.

6. Interested Witnesses

Virginia abolished the interested-witness rule — beneficiary-witnesses do not forfeit gifts (Va. Code § 64.2-405).

7. Intestacy (No Will)

Va. Code § 64.2-200: Surviving spouse takes all if all decedent's children are also the spouse's; if not, spouse takes 1/3 and the children take 2/3.

8. Small Estate Threshold

Virginia's small estate procedure (Va. Code § 64.2-601) is available when the gross value of the personal estate is $50,000 or less, after waiting 60 days from death.

This is legal information, not legal advice.