With just $ 350 or less, a resident in Virginia can make a valid will. A willmaker should be at least 18 years old and of sound mind and reasoning. Couples, parents, business persons, and pet owners can make valid wills for the property in Virginia, another state, or country.
How much does it cost to write a will in Virginia
In Virginia, the average cost of writing a will is $ 350. The price depends on the people making the will, for example, whether they are individuals, married couples, or partners. The cost may vary depending on the attorney fees, the complexity of the estate, and
Can I write a will without a lawyer in Virginia
Yes, you can write a will without a lawyer in Virginia. The Virginia succession laws allow for self-made wills to be valid so long as the maker is 18 years old and of sound mind. Being of sound mind means that the testator understands what they own, their beneficiaries, and how they intend to distribute their property.
Is it Legal to Write Your Own Will in Virginia
Yes, It is legal to write your own will in Virginia as long as you are 18 years old and of sound mind. Additionally, the will-maker must sign the will with two competent witnesses.
When making the will, you will dispose of your property or interest in the property you have when making the will and the property you are acquiring.
Does a will in Virginia need to notarized
No, a will in Virginia does not need to be notarized. Nevertheless, it must be signed by the maker and witnessed by two competent witnesses who must sign the will in front of the testator.
The law does not require a will to be notarized. To add the self-proving effect, one can notarize a will. To notarize, one must swear a “Self-Proving Affidavit.”
Do I Need a Lawyer to Make a Will in Virginia?
No, you do not need a lawyer to make a will in Virginia; you can make the will yourself or hire LegalPen, an online will-writing company. When you have an estate that is complex, you should consult a lawyer. A lawyer can tailor your will to your specific circumstances and wishes and provide guidance on legal requirements and the implications of wills.
Do I Need a Lawyer to File a Will in Virginia?
No, you do not need a lawyer to file a will in Virginia. The will maker can file their will at your county’s Clerk’s Office of the Circuit Court. When filing the will, the maker might be given some forms to fill out, and the person filing the will must know the assets of the maker of the will.
Are Online Wills Legal in Virginia?
No, online wills are not legal in Virginia. However, residents can make their wills online using platforms like LegalPen. Once a Virginia resident makes their will online, they must print it out, sign it, and witness it by two competent witnesses. Additionally, after preparing the will, one can file it with the County Clerk.
How to Include Digital Assets in a Virginia Will
Digital assets form part of the assets of a testator in Virginia. Code of Virginia § 64.2-120 provides for the process and procedure of disclosing digital assets as follows:
- When disclosing digital assets of a user, the custodian may, at its sole discretion:
- Grant a fiduciary or designated recipient full access to the user’s account;
- Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged or
- Provide a fiduciary or designated recipient a copy in a record of any digital assets that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
- A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under the Code of Virginia.
- A custodian does not need to disclose a digital asset that a user has deleted.
- If a user directs or a fiduciary requests a custodian to disclose under the Code of Virginia one, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose the following:
- A subset limited by the date of the user’s digital assets;
- All of the user’s digital assets to the fiduciary or designated recipient;
- None of the user’s digital assets or
- All of the user’s digital assets are sent to the court for review in camera.
How to Disinherit Someone in a Virginia Will
Virginia law gives the testator freedom to make their will and leave their property to whomever they wish. You can bequeath your property to whoever you wish. Additionally, you can disinherit anyone you want to. The disinheritance must be clearly and precisely stated in the will.
However, you should be careful when disinheriting your spouse. Disinheritance of your spouse is acceptable when the following circumstances exist: your spouse is willing to waive their right to a share of your estate voluntarily, and you have established specific terms in a valid prenuptial agreement.
How to Handle Debts and Liabilities in a Virginia Will
You can handle your debts and liabilities in Virginia by inventorying your assets and liabilities, making a priority list of the debt payments, and choosing an executor to manage your estate after your death.
How to Provide for Minor Children in a Virginia Will
You can provide for minor children in a Virginia will by including them in the list of beneficiaries and appointing a guardian to care for your children after your death. After your death, the guardian will care for the children’s welfare, education, and well-being. The guardian should be a person who can take on responsibility after your death. They should be concerned for the welfare of their children.
How to Store Your Virginia Will Safely
When storing your will, you should consider accessibility and safety. You may store your will in a fire-resistant safe box. Additionally, you may store your will with your attorney, the Clerk of the County Court where you reside, a trusted member of your family, or a trusted friend.
How to Contest a Will in Virginia
You can contest a will by filing a complaint at the Circuit Court in the county where the testator resided. The complaint must be filed within one year of the will being admitted to probate. The complaint must state clear grounds for contesting the will and evidence to support your claim. We advise you to seek the services of an attorney when contesting a will.
What Are No-Contest Clauses in Virginia Wills?
No-contest clauses are added in a Virginia will to prevent unnecessary disputes about the estate. They are included in the will to discourage the beneficiaries from contesting the provisions and clauses in the will. They detail that anyone who contests the will shall be disinherited. An example of a no-contest clause is as follows:
“I hereby expressly direct that if any beneficiary under this will contests the validity of this will or any of its provisions or institutes any proceedings to set aside this will or any of its provisions, then that beneficiary shall forfeit any bequest or inheritance provided in this will.”
What is the difference between probate in Virginia and Washington?
Probate in Virginia involves filing documents with the local court in the jurisdiction where the deceased person lived, whereas probate in Washington consists of filing documents in the superior court. Secondly, Virginia follows federal estate tax guidelines, while Washington has its own estate tax. The Will Writing Service in Washington article explains the probate process in Washington more.
How to Handle Foreign Property in a Virginia Will
Depending on where the property is located, you can include it in your will or consult with an estate attorney to handle foreign property. The property may be included in a Virginia will, or an estate attorney may recommend that you draft an international will acceptable in the country where the property was located.
How to make a Make a Will for Same-Sex Couples in Virginia
In Virginia, the will-making process for opposite-sex couples is similar to that of same-sex couples. However, same-sex couples may need to take into account their family dynamic and issues such as guardianship of children. Although adopted children are treated the same, it is essential to outline the care of children after their death. For same-sex couples intending to write a will, you can start by reading the following article: How to write a will in Virginia.
How to Plan for Pet Care in Your Virginia Will
You can plan for pet care in your Virginia will by choosing a guardian who will care for your pet after death. The guardian can be a family member or a compassionate friend who cares for pets. After selecting a guardian, you can allocate finances to facilitate taking care of your will. Alternatively, you can leave your pet to a pet shelter.
How to Handle Business Succession in a Virginia Will
You can handle business succession in Virginia by including the succession in the business documents through a business transfer document or a business transfer document. Additionally, you can include your business details in the will, which shall entail who will inherit your business interests and assets after your death.
How to Handle Out-of-State Property in a Virginia Will
You may handle out-of-state property in a Virginia will by including it in your Virginia will. Virginia will be valid in the other state where the property is located. Once you include the property in the will, you can choose an executor in charge of initiating the probate process in the state where the property is located.
What is the difference between Holographic wills and Statutory wills in Virginia
Holographic and Statutory wills are valid types of wills. A holographic will is a handwritten will that is valid if it is handwritten by the testator and signed by them. For a holographic will, the testator does not have to sign in the presence of two competent witnesses. A statutory will complies with the statutory requirements of a valid will. It must be made by the testator and signed by two competent witnesses.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.