Estate plan
Virginia
Everything to plan your estate in Virginia: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Virginia, all for $29/year.
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Virginia content last reviewed May 18, 2026.
Will
2W
Trust
—
POA
N
HC Directive
2W
E-will
Not adopted
RON
Limited
Since 2012, not all documents
ROW
Not allowed
Remote online witnessing
Community property
No
Minimum age
18
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.
ViewWitness disqualification / interested-witness rule
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: Required
Notarization is required for a valid durable power of attorney
State-specific notes
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
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 hospitals and physician practices routinely ask for §32.1-127.1:03 language in addition to a federal HIPAA authorization. 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
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.