As a legal template writer with over 12 years of experience drafting estate planning documents for U.S. clients, I’ve helped thousands of Virginia residents create valid, straightforward wills without paying expensive attorney fees for simple estates. In this comprehensive guide, I’ll walk you through how to make a will in Virginia that meets all current Virginia legal requirements, provide a free downloadable Virginia last will and testament template, and explain every step so you can complete your basic will in Virginia confidently.
Whether you’re searching for a simple will form Virginia, free Virginia will template, or just want to understand how to write a will in Virginia, this article gives you everything you need — including exact language that satisfies Virginia Code Title 64.2.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Laws change, and your situation may have complexities that require personalized counsel. Always consult a licensed Virginia attorney or estate planning professional before finalizing your will.
Without a valid last will and testament in Virginia, the Commonwealth decides who inherits your assets through intestate succession (Virginia Code § 64.2-200 et seq.). This often leads to results you would not have chosen — your spouse may not receive everything, minor children could have a court-appointed guardians you dislike, and family disputes can drag on for years.
Creating your own Virginia last will and testament lets you:
Virginia has straightforward but strict rules (Virginia Code § 64.2-403). Your legal will in Virginia must meet ALL of these:
| Requirement | Details |
|---|---|
| Age | You must be 18 or older (or emancipated minors may also qualify) |
| Sound Mind | You understand what you own, who your family is, and what a will does |
| In Writing | Handwritten (holographic) or typed — both are valid |
| Signed by Testator | You must sign (or direct someone to sign in your presence if physically unable) |
| Two Witnesses | Two disinterested witnesses (not beneficiaries) must watch you sign and then sign themselves |
| No Notarization Required | Notarization is optional but makes the will “self-proving” and speeds probate (highly recommended) |
Source: Virginia Code § 64.2-403 and Virginia Judicial System
I’ve created this free Virginia will template based on thousands of wills I’ve drafted and current Virginia law. It is suitable for most simple estates (married or single, with or without minor children).
Download Link: Click Here to Download Free Virginia Last Will and Testament Template (Word + PDF) (hosted securely — no email required)
LAST WILL AND TESTAMENT OF [Your Full Name] I, [Your Full Name], of [Your City], Virginia, being of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament... Article 1: Revocation of Prior Wills I hereby revoke all prior wills and codicils... Article 2: Family Information I am married to [Spouse Name] / I am not married. My children are: [List names and birth dates]... Article 3: Payment of Debts and Expenses... Article 4: Specific Bequests... Article 5: Residue of Estate... Article 6: Appointment of Executor... Article 7: Guardian for Minor Children... Article 8: No Contest Clause... Signed this ___ day of _______________, 20___. _______________________________ [Your Signature] WITNESSES We certify that [Your Name] signed... in our presence... Witness 1: ___________________________ Printed: _________________ Address: _________________ Witness 2: ___________________________ Printed: _________________ Address: _________________ [Self-Proving Affidavit — Notary Section Included in Download]
From my experience reviewing hundreds of DIY wills:
Virginia allows a notarized self-proving affidavit (Virginia Code § 64.2-452). Without it, your witnesses may need to appear in court after your death — often impossible years later. The template includes this page and exact language accepted statewide.
| Your Family Situation | Who Inherits (Simplified) |
|---|---|
| Married with children | Spouse gets 1/3, children split 2/3 |
| Married, no children | Spouse gets everything |
| Single with children | Children split everything equally |
| No spouse, no children | Parents → siblings → nieces/nephews → Commonwealth |
Source: Virginia Code § 64.2-200
| Situation | Best Option |
|---|---|
| Simple estate under $500k, no trusts needed | Free template + self-proving = sufficient |
| Blended family, large estate, business, special needs heir | Hire Virginia estate attorney |
| Real estate in multiple states | Attorney required (ancillary probate issues) |
Can I handwrite my will in Virginia?
Yes — holographic wills entirely in your handwriting and signed are valid without witnesses (§ 64.2-403).
Does Virginia have an estate or inheritance tax in 2025?
No — Virginia repealed its estate tax years ago.
Can I disinherit my spouse?
No — spouses have elective share rights (usually 1/3 to 1/2).
Do I need a new will after moving to Virginia?
Wills valid where created are usually valid in Virginia, but update executor/guardian appointments.
Creating your Virginia last will and testament is one of the most important gifts you can give your family — clarity and peace of mind. With the free template above and this guide, most Virginia residents can complete a legally binding will in under an hour.
Download your free Virginia will template now, fill it out, get it witnessed and notarized, and rest easy knowing your wishes will be honored.
Download Free Virginia Last Will and Testament Template (2025)
Remember: This is not legal advice. For complex estates or questions, consult a licensed Virginia attorney.
© 2025 — All rights reserved. Template may be used for personal, non-commercial purposes only.