Estate plan requirements
Virginia
Everything you need to create a valid estate plan in Virginia: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
N
Healthcare Dir.
2W
E-will
Not adopted
Online notary (RON)
Authorized
Since 2012
Remote witnessing (ROW)
Not authorized
Community property
No
Minimum age
18
Will
Witnesses: 2 required
Two competent witnesses must sign in the presence of the testator
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
Allows the will to be admitted to probate without witness testimony
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
Healthcare Directive
Witnesses: 2 required
Virginia requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Electronic will status
Virginia has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Remote online notarization
Virginia authorized remote online notarization (RON) in 2012. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
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.