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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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Home→Forms→Last Will and Testament→Virginia

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Virginia Estate Planning Resources

In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.

Free Virginia Last Will and Testament

Free Virginia last will form. 2 witnesses. Name beneficiaries, guardians, and executor. Download PDF, print, and sign.

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Your Information

This information identifies you as the person making this will. It also determines your state's specific execution requirements.

FREE & PRIVATE: This form is free—no account or credit card required. Your form entries and generated document never leave your browser—SimplyTrust does not transmit or store them. You are responsible for saving your completed document.

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Virginia Last Wills and Testaments

Virginia requires 2 adult witnesses present when the testator signs.Va. Code § 64.2-403Verified May 1, 2026 Witnesses must be 18 or older. Virginia allows interested witnesses (beneficiaries), though most families use disinterested witnesses.

A notary is not required for the will to be valid in Virginia.Va. Code § 64.2-403Verified May 1, 2026 However, Virginia offers a self-proving affidavit — a notarized statement signed at execution that eliminates the need for witnesses to appear in probate court. Our form includes this affidavit.

Yes, Virginia recognizes holographic (handwritten) wills if the material provisions are in the testator's handwriting.Va. Code § 64.2-403Verified May 1, 2026 Holographic wills typically do not need witnesses, but they're more vulnerable to legal challenges than a formally executed will.

A will does not avoid probate — it goes through the Virginia probate court for validation and asset distribution. Simple estates typically take 6-9 months.Va. Code § 64.2-403Verified May 1, 2026 Estates valued under $75,000 may qualify for a simplified procedure, which is faster than full probate. Use the probate cost calculator to estimate what probate would cost in Virginia.

Without a will, Virginia intestacy laws determine who inherits. The surviving spouse and children typically receive priority, but the specific shares depend on family structure. Unmarried partners, stepchildren, and friends receive nothing. See exactly how Virginia divides assets with the Virginia inheritance calculator.

Virginia has authorized remote online notarization, but wills are excluded — the self-proving affidavit must be notarized in person.Va. Code § 47.1-2 Other documents like trusts and powers of attorney may be eligible for RON.

A will distributes assets through probate court — public, slower, and carries the state-specific costs you can see on the probate calculator. A revocable living trust skips probate, keeps the estate private, and lets your family receive assets faster. If avoiding probate matters to you, you can create a revocable trust instead of, or alongside, this will.

Why Create a Will in Virginia?

Without a will, Virginia intestacy laws decide who inherits your property. This often means assets go to relatives you may not have chosen, while close friends, partners, or charities receive nothing. The inheritance calculator shows how Virginia would divide your estate.

A will specifies who inherits, can name guardians for children, and appoints an executor to manage the process.

In Virginia, your will needs 2Va. Code § 64.2-403Verified May 1, 2026 witnesses to be valid. Our form includes a self-proving affidavit that can speed up probate by eliminating the need for witnesses to appear in court.

Virginia offers simplified probate for estates under $75,000Va. Code § 64.2-601Verified May 1, 2026. A will can also name guardians and appoint an executor. It takes 15-20 minutes.

SimplyTrustSimplyTrust Editorial·Updated May 1, 2026

Legal Sources

  • Va. Code § 64.2-403
  • Va. Code § 64.2-601

Data sourced from Virginia statutes and official state code. How we research.

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