Wills in Virginia
A will is one of the most important legal documents you can create. It ensures your assets are distributed according to your wishes, your chosen executor handles your estate, and your loved ones are protected after you’re gone. Without a valid will, Virginia’s intestacy laws decide who inherits your property — not you.
What a Will Does
A will serves several essential functions within your estate plan:
- Names who will receive your assets after death.
- Appoints an executor to manage your estate.
- Designates guardians for minor children.
- Directs payment of debts, taxes, and funeral expenses.
- Coordinates with trusts or other planning documents to ensure all property is properly distributed.
Even if you already have a trust, a will acts as a safety net, covering any assets not transferred into the trust before death.
Why Every Adult Needs a Will
Many people assume wills are only necessary for the wealthy, but nearly every adult benefits from having one. A will helps:
- Prevent family disputes and confusion during an already difficult time.
- Avoid unnecessary court involvement and delays.
- Protect unmarried partners or nontraditional family members not recognized under intestacy law.
- Ensure your chosen guardians, not the court, decide who raises your children.
Virginia Requirements for a Valid Will
Under Virginia Code § 64.2-403, a will must meet specific criteria to be legally valid:
- You must be at least 18 years old and of sound mind.
- The will must be in writing and signed by the testator (the person making the will).
- It must be witnessed by two competent individuals who sign in your presence.
- Holographic (handwritten) wills are valid only if proven entirely in the testator’s handwriting and properly witnessed after death.
An attorney can ensure your will complies with these formalities and accurately reflects your wishes.
Updating Your Will
Your will should be reviewed and updated after major life events such as:
- Marriage or divorce
- Birth or adoption of children
- Purchase or sale of significant assets
- Death of a beneficiary or executor
Outdated wills can create confusion or conflict, especially when property or family circumstances have changed.
Virginia Estate Data
Drug enforcement remains a major priority for the Richmond Police Department and Virginia State Police, with increasing coordination under regional narcotics task forces.
>60%
of adults in Virginia do not have a valid will.
6–12
months of probate to complete on average, even for simple estates.
Improperly executed wills are one of the top reasons probate courts delay or deny estate filings statewide.
Sources: Virginia State Bar, Virginia Court Clerks’ Association Probate Division, and National Association of Estate Planners & Councils.
