How to Make a Will in Virginia

In Virginia, people over 18 can write a will themselves or with the help of a professional, such as an attorney or LegalPen, an online writing company. The will should include a list of your property and assets, your beneficiaries and bequests, an appointment with an executor, and a nomination for a guardian for your minor children and pets. It should  include your funeral and burial wishes. After writing the will, you should sign it with two competent witnesses. 

What are the Steps to Create a Will in Virginia

To create a will in Virginia, here are the steps you should follow:

1. Decide the property you want to include in your will
2. List of your property, assets
3. List of your beneficiaries such as children, parents, relatives
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. When you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company, such as LegalPen, to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will.

What Happens if I Don’t Have a Will?

When one dies without having a will, they are termed to have died intestate. When one does intestate, the Virginia intestacy laws determine who will inherit your property. Intestacy laws stipulate that your children and spouse inherit your property and assets. When you do not have children or a spouse, your parents, siblings, and grandparents will inherit your property. 

What Are the Requirements for Writing a Last Will and Testament in Virginia?

The requirements for making a last will and testament in Virginia are as follows:

1. Age: The testator must be at least 18 years old;
2. Signature: The will must be signed by the testator or someone instructed by the testator to sign on their behalf;
3. Witnesses: the will must be signed in the presence of two competent witnesses;
4. Notary: there is no requirement for a testator to notarize their will; however, one can use a self-approving affidavit to notarize their will.

How Often Should Your Review and Update Your Virginia Will?

One should review and update their will regularly, preferably every six months. Regular review and updating ensure that one’s wishes are captured and all beneficiaries are catered for, especially newborn children and persons like spouses. 

How to revise and update your will in Virginia

Wills in Virginia are revised and updated by an amending instrument known as a ‘codicil’. The codicil refers to the will and implements changes in the will. The codicil you adhere to a valid will’s formal and legal requirements.

Conversely, instead of drafting a codicil, you may make an entirely new will that captures your old wishes and the amendments you wish to add. 

What Makes a Will Valid in Virginia?

Code of Virginia § 64.2-403 provides for the legal validity requirements of a will in Virginia; the will must be:

1. In writing
2. Signed by the testator or by some other person in the testator’s presence and by his direction in such a manner as to make it manifest that the name is intended as a signature.
3. The testator must be at least 18 years old. 

Can a Handwritten Will Be Valid in Virginia?

Yes, a handwritten will is valid in Virginia. A will wholly in the testator’s handwriting is valid without further requirements, provided that a will is wholly in the testator’s handwriting and signed by the testator is proved by at least two disinterested witnesses

How Do I Sign My Virginia Will?

You should sign your Virginia will at the end. Any information after the signature is not considered during the will’s implementation. The maker should sign the will in the presence of two competent witnesses who are not beneficiaries. 

What Can I Include in an Online Will in Virginia?

A testator/ maker of a will has testamentary freedom to include whatever they wish in their will; here are some things they can include in the will: 

1. List of assets, which include land, personal property, land, vehicles, investment accounts and securities, digital assets and real estate.
2. List of beneficiaries, including your spouse, your children, your relatives and friends;
3. Name an executor who will be in charge of administering the estate
4. Name a guardian for minors or pets;
5. Name specific bequests
6. Make your funeral wishes

Types of assets covered in a Virginia Will

You can include money assets, property assets and assets that require guardianship in your will. They include:

1. Money assets: cash from bank accounts, stocks, bonds, and financial investments;
2. Real estate: property, land;
3. Vehicles: cars, motorcycles, boats
4. Digital assets: cryptocurrency, online and social media accounts
5. Business assets: shares, business assets and business positions;
6.  Guardianship: over pets and children
7. Personal property: furniture, jewellery, clothes 
8. Insurance policies: home, auto and health insurance 

Can I Revoke or Change My Will in Virginia

Yes, you can revoke your will impliedly or expressly. Express revocation is done in writing by creating a codicil that states that you revoke your Virginia will. Divorce and marriage impliedly revoke a will. 

You can change your will by using an instrument known as a codicil to make amendments to your will. 

How do you Revoke or change your will in Virginia

Virginia Code Section 64.2-410 provides for revocation of wills. A will can be revoked any time before the death of the testator. A will can be revoked by:

1. Destroying an existing will by burning it or shredding it up
2. Writing VOID on every page of the will
3. Writing a new will that revokes the old will 

When revoking a will, they should revoke the previous one. 

You can change your will by updating it using an instrument called a codicil, which can be added as a supplement to your last will. To be legally valid, the codicil must be written and signed like the original will. 

Can I Make a Digital or Electronic Will in Virginia

Generally, electronic or digital wills are not valid in Virginia. Although one may make a digital or electronic will and execute it digitally, it must be printed to be considered valid. 

Who Can Witness a Will in Virginia?

When it comes to witnessing a will in Virginia, two requirements must be met:

1. The witnesses should not be related to the testator
2. The witnesses should not be named in the will.
3. The witnesses should be 18 years old and above.  

Should My Will Name an Executor?

Yes, your will should name an executor. Preferably, an executor should be a responsible person who can be trusted. The executor will be responsible for searching for assets belonging to the estate, making an inventory of them, finding their value as of the date of death, ensuring the estate debts, liabilities and taxes are paid, and distributing your property according to the will. 

What are the Virginia will executor requirements?

As stipulated in the Virginia Code (Va. Code §§ 1-207), There are executor requirements in Virginia; the executor should be:

1. 18 years old or more
2. They should not be a person with a disability
3. They should not be incarcerated for a felony conviction 
4. They should not be judged incapacitated by a court or 
5. They should not be a veteran found to be hindered by the Department 

Virginia generally requires an executor to post a bond. However, a testator can include a statement in their will stating that the bond should be waived for their executor.

What Happens to a Will After Death in Virginia?

After death, a will is probated in the Virginia Circuit Court in the court or county where the decedent lived. When the decedent had no known place of residence, the will should be probated where the decedent owned real estate, or if none, where the decedent died or has any estate. The clerk of the circuit court handles the probate of wills. 

What is the Impact of Marriage and Divorce on Your Virginia Will?

Divorce and marriage revoke a will. Divorce automatically revokes a will if one of the beneficiaries in the will is a divorced spouse unless the will was made in contemplation of the divorce. Subsequent marriage of a person, whether male or female, revokes wills made before marriage. The rationale for revocation is that marriage is assumed to bring forth new responsibilities and beneficiaries who should be catered for in the will. 

Do all wills in Virginia have to go through probate?

Yes, all wills in Virginia should have to go through probate. Probate is the official process of proving and recording a will as valid and authentic. Wills go through probate in the circuit court in the county where the decedent resided upon his death. When their residence is unclear, they will go through probate in the county where the decedent owned real estate. 

Is Virginia a community property state?

No, Virginia is not a community property state. Virginia is an equitable division state. Property is divided equitably and fairly among spouses as opposed to equally. The courts consider the spouse’s contributions and 

How is Virginia intestate succession done?

Wen a person dies without a will, intestate succession is done. Intestate succession is done in accordance with the Virginia intestacy laws as follows:

1. The property is transferred to the surviving spouse unless there are children of someone other than the surviving spouse, in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
2. When there is no surviving spouse, all passes to the children and their descendants.
3. When they do not have either a child or a spouse, all goes to the deceased’s parents.
4. The property is to the deceased’s siblings if there are no parents.
5. The property is passed on to the state if there are no siblings. 

How is Estate and Inheritance tax in Virginia done?

In Virginia, the decedent’s final federal income tax return estate income tax return must be filed if required. Estate taxes are due only if the gross estate exceeds the threshold established by federal and state statutes. The following taxes should be filed: state taxes, the final income tax return, personal property tax, income tax return for the estate, and federal taxes. 

What Are the Differences Between a Simple Will and an International Will in Virginia? 

A simple and an international will are both types of wills; however, they are different. A simple will outlines how a person’s assets and possessions should be distributed after death. It is recognized in the state where the deceased person resides. In contrast, an international will is a will that is recognized internationally and dictates the administration of estates with assets in multiple countries.