Will And Trust Maker Blog

The Virginia Will Guide That Won’t Confuse You

Here’s something most people don’t think about: your time isn’t guaranteed, but you can guarantee your wishes are followed. Without a will, Virginia’s government decides who gets your stuff. And bureaucrats don’t know that you wanted your historic Richmond home to go to your history-loving daughter, not your son who thinks anything built before 1990 should be demolished.

Creating a will puts you in control and gives your family clarity instead of chaos when they need it most.


Virginia Will Laws (What You Need to Know)

Virginia embraced electronic wills in 2021 with the Uniform Electronic Wills Act, making it one of the progressive states for estate planning. This means Virginia residents have modern options that many other states still don’t offer.

You can create, sign, and store your will completely electronically if you want—no paper required.


What This Actually Costs

Here’s the honest money breakdown:

  • Traditional attorney route: Varies widely, often includes hourly fees that add up quickly
  • Online platforms: Around $200 for individuals, $300 for couples
  • DIY approach: Cheapest upfront, risky if you mess up legal requirements

Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.


Virginia Will Requirements (The Make-or-Break Rules)

Your will must satisfy these requirements or it becomes worthless paper:

Standard Will Requirements:

  • ✓ Must be in writing (verbal wills don’t count)
  • ✓ You must be 18+ and mentally competent
  • ✓ Must be signed by you in front of two competent witnesses (18+)
  • ✓ Both witnesses must sign

Handwritten Will Exception:

  • ✓ Entirely in your handwriting and signed by you
  • ✓ No witnesses required
  • ⚠ But proving authenticity can be challenging later

Electronic Will Features:

  • ✓ Can be created and stored completely digitally
  • ✓ Electronic signatures accepted
  • ✓ All Virginia will requirements still apply

Can You Create Your Own Will? (Yes, But Be Smart)

Virginia allows you to write your own will by hand or digitally. But here’s what most people don’t realize: one unclear sentence or missing legal requirement can leave your family dealing with court complications when you’re not around to clarify.

If you’re going DIY, use a reliable online platform designed by attorneys who know Virginia’s specific requirements. Don’t wing it with a handwritten document unless you enjoy potential legal complications.


Do You Need a Lawyer? (Usually Not)

Virginia doesn’t require attorneys for will creation. You might want one if:

  • Your estate includes complex business interests
  • You need sophisticated tax planning
  • You have contentious family situations
  • You want advanced trust structures

For most families with straightforward wishes, online will creation handles everything at a fraction of attorney costs.


Step-by-Step Virginia Will Creation

Here’s the process that actually works:

  1. Choose a trusted online platform (they’re not all equal in quality)
  2. Answer guided questions about your assets and wishes
  3. Review everything carefully (mistakes here create problems later)
  4. Sign properly (electronic or traditional)
  5. Get proper witnessing (two competent adults 18+)
  6. Add notarization (optional but recommended)
  7. Store securely with backup access for your family

Notarization: Not Required But Smart

Virginia doesn’t require notarization, but it’s cheap insurance for your family. Here’s why:

  • Without notary: Potential complications proving your will’s validity
  • With notary: Extra legal protection and smoother probate process

Virginia Witness Requirements

Your witnesses must be:

  • At least 18 years old
  • Mentally competent
  • Present when you sign (physically or electronically)
  • Not beneficiaries or people with financial interest in your will

Critical rule: Don’t use people who benefit from your will as witnesses—it creates potential conflicts.


Filing and Recording in Virginia

  • During your lifetime: No filing or recording required
  • After death: Will gets filed for probate in Virginia
  • Public record: Wills become public once filed

Want to avoid probate? Consider creating a trust in addition to your will.


What Goes in Your Virginia Will

Your will should address:

  • Asset distribution – who gets what property
  • Guardian selection for minor children
  • Executor appointment – who manages your estate
  • Final arrangements – burial, cremation preferences
  • Specific gifts to individuals or charities
  • Pet care instructions
  • Personal messages to loved ones

Handwritten Wills in Virginia (Legal But Risky)

Virginia recognizes completely handwritten wills as long as:

  • The entire will is in your handwriting
  • You sign it personally
  • It clearly expresses your wishes

But here’s the problem: handwritten wills are harder to prove authentic and more likely to be challenged in court. Why risk family disputes when online tools are so affordable?


Electronic vs. Traditional Wills (Your Choice)

Virginia offers both options:

  • Traditional Wills: Create online, print and sign on paper
  • Electronic Wills: Stay completely digital throughout the entire process

Both are legally valid. Electronic wills offer convenience and security, while traditional wills feel more familiar to some people.


Common Virginia Will Mistakes

Witness Problems:

  • Using beneficiaries as witnesses
  • Not having witnesses present during signing
  • Using witnesses under 18

Legal Requirements:

  • Not following proper signing procedures
  • Unclear handwriting in handwritten wills
  • Missing key legal elements

Content Issues:

  • Vague language creating confusion
  • Missing key appointments (executor, guardian)
  • Not addressing Virginia’s specific laws

Storage Problems:

  • Family can’t locate the will when needed
  • No secure backup copies
  • Poor digital security

The Virginia Advantage

Virginia residents benefit from:

  • Electronic will recognition since 2021
  • Handwritten will acceptance
  • No mandatory notarization
  • Modern laws adapted for digital world
  • Flexible creation options

Why Virginia Got This Right

Virginia recognized that modern families need modern solutions and updated their laws accordingly. While many states still require outdated procedures, Virginia offers:

  • Full electronic will recognition
  • Multiple valid will formats
  • Streamlined requirements
  • Cost-effective options

Take Action Today

Every day without a will is a day your family’s future depends on Virginia’s default inheritance laws instead of your personal wishes.

Don’t be the person whose family faces unnecessary complications trying to figure out what you would have wanted. Virginia makes it simple—take advantage of these modern options.


Get Started Now

Whether you choose traditional, handwritten, or electronic, the key is following Virginia’s requirements exactly. Your loved ones will thank you for taking 30 minutes to give them clarity instead of confusion.


This information is educational only and not legal advice. Complex situations may require professional legal guidance.

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