How many witnesses does a will need in Virginia?

A will in Virginia must be signed in front of two witnesses. The witnesses do not need to be present together when they sign, but each must witness the testator's signature or acknowledgment. See Va. Code §64.2-403 (execution); §64.2-401 et seq. (chapter).

Does a will have to be notarized in Virginia?

No. Notarization is not required for a Virginia will to be valid, but adding a self-proving affidavit (which is notarized) lets the will be admitted to probate without calling the witnesses to testify.

Is a handwritten will valid in Virginia?

Yes. Virginia recognizes holographic wills (wills written entirely in the testator's handwriting and signed by the testator) without witnesses. We do not generate handwritten wills, but you may write one by hand if you prefer.

What is the minimum age to make a will in Virginia?

You must be at least 18 years old to make a will in Virginia. An emancipated minor may also make a will; only an unemancipated minor is barred (Va. Code §64.2-401(B)).

Can I sign my will online in Virginia?

No. Virginia does not currently recognize electronic wills. A will must be signed and witnessed in person on paper to be valid; remote online notarization is allowed for other documents like trusts and powers of attorney.

What documents make up a complete estate plan in Virginia?

A complete estate plan in Virginia usually includes four documents: a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, and a Healthcare Directive. Will.com generates all four together based on your answers.

Estate plan requirements

Virginia

Everything your estate plan needs to be valid in Virginia: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	None required	Recommended
Healthcare directive	2 required	Not required

Your complete Virginia estate plan

Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Virginia.

$29per year · cancel anytime

Your answers stay private, encrypted in your browser.
You keep every document you made.
Edit any document any time as life changes.

Get started Start free

Virginia content last reviewed May 18, 2026.

Will

Va. Code §64.2-403 (execution); §64.2-401 et seq. (chapter)

Witnesses: 2 required

Two competent witnesses must be present at the same time when the testator signs or acknowledges the will, and each witness must subscribe the will in the testator's presence (Va. Code §64.2-403(C))

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Virginia

Self-proving affidavit: Available

Virginia provides two statutory self-proving mechanisms: §64.2-452 (affidavit before an officer authorized to administer oaths) and §64.2-453 (acknowledgment before such an officer). Either path renders the will self-proved at execution or any subsequent date.

State-specific notes

•Sign in one sitting, with both witnesses in the room together. Virginia requires only that the two witnesses be present at the same time when you sign or acknowledge the will, and that each subscribe in your presence (Va. Code §64.2-403(C)). But both of Virginia's statutory self-proving certificates recite that the witnesses signed in your presence, at your request, and in the presence of each other (Va. Code §§64.2-452 and 64.2-453). Signing everything together at one table, with everyone present, keeps either statutory certificate available to you later.

•A handwritten (holographic) Virginia will needs no witnesses at signing, but two disinterested witnesses must prove at probate that the will is wholly in your handwriting and signed by you (Va. Code §64.2-403(B)). Choose people who know your handwriting, take no benefit under the will, and are likely to outlive you.

ViewWitness disqualification / interested-witness rule

Va. Code §64.2-405: no person is incompetent to testify for or against a will solely by reason of an interest in it; Virginia has no UPC-style purge rule and beneficial provisions to attesting witnesses remain effective.

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Recommended

Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.

State-specific notes

•Notarization is not required for a Virginia power of attorney to be valid: Virginia requires only the principal's signature, or a signature made in the principal's conscious presence by another individual the principal directs (Va. Code §64.2-1603). Acknowledgment before a notary public, or another individual authorized by law to take acknowledgments, is what makes the signature presumed genuine, and it is the practical route to recording the instrument, which otherwise takes proof by two witnesses (Va. Code §55.1-600). Complete the notary acknowledgment at signing.

•Durability is presumed unless the instrument states otherwise

Advance Medical Directive

Va. Code §54.1-2981 et seq.

Witnesses: 2 required

Virginia requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•Two subscribing witnesses required (Va. Code §54.1-2983)

•Virginia defines 'witness' broadly as any person over 18, expressly including a spouse or blood relative of the declarant; employees of health care facilities and physician's offices acting in good faith are explicitly permitted to serve as witnesses (Va. Code §54.1-2982). The statute does not bar the agent or treating providers, but naming a disinterested witness remains best practice.

ViewWitness disqualification recital

Va. Code §54.1-2983 requires a written advance directive to be signed by the declarant in the presence of two subscribing witnesses, who must be competent adults. Virginia imposes no statutory list of disqualified witnesses and does not categorically bar the principal's spouse or a blood relative from witnessing an advance medical directive. Disinterested adults who are not the health care agent or alternate agent named in the directive and who are not entitled to any portion of the principal's estate remain sound practice, but using a spouse or blood relative as a witness does not by itself invalidate the directive under Virginia law.

Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites the Virginia Health Records Privacy Act (Va. Code §32.1-127.1:03) and the HIV-confidentiality statute (§32.1-36.1). Virginia's health-records statute imposes its own written-authorization requirement, so the addendum recites it alongside the federal one. The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

	Free	Paid
All 4 state-specific documents	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

Get started

Electronic will status

Virginia has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Virginia has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Virginia authorized RON in 2012. Virginia has not enacted the Uniform Electronic Wills Act (UEWA). The paper Will generated here must be executed under Va. Code §64.2-403 with the testator and two competent witnesses physically present at the same time. Virginia authorized remote online notarization for electronic documents in 2012 (Title 47.1), but Virginia practice is in-person notarization of the §§64.2-452 / 64.2-453 self-proving certificate attached to a paper Will. A remotely notarized self-proving certificate on a paper Will may face acceptance issues with some circuit clerks and Commissioners of Accounts; in-person notarization is the safer course.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Virginia does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Virginia for guidance specific to your situation.

Also for Virginia

Make a Virginia will

Free last will and testament, valid in Virginia.

Virginia healthcare directive

Name your medical decision-maker and treatment wishes.

Virginia power of attorney

Name someone to handle finances if you can't.

Virginia living trust

Skip probate and keep your estate private.

Get started Start free

All states