How to Create a Will in Virginia

You’ve worked hard to make your life your own and to structure out a good future for yourself and your family. But if you don’t have a will, Virginia law—not you—decides who inherits your property, who cares for your children, and how your estate is handled. That can lead to delays, disputes, and outcomes you never intended.

Whether you’re just beginning to think about it or finally ready to get it done, this guide will walk you through how to create a will in Virginia the right way, so your loved ones are protected and your wishes are honored.

Why Having a Will Matters More Than You Think

A will is for anyone who cares about what happens to their money, property, children, or pets after they’re gone.

Without a will in Virginia, the state steps in with its default plan: it distributes your assets based on intestate succession laws. That means:

• Your spouse may not inherit everything.
• Children from prior relationships might be treated differently.
• The person raising your kids could be chosen by a judge, not you.
• Disagreements between family members can cause lasting damage.

Creating a will is your opportunity to speak for yourself when you no longer can. It’s not about control, it’s about care.

What Exactly a Valid Will Does in Virginia

In Virginia, your will must meet specific legal requirements to be valid. A properly drafted and signed will allows you to:

✅ Name an executor to carry out your wishes
✅ Distribute your property the way you choose
✅ Appoint guardians for minor children
✅ Make special gifts or charitable donations
✅ Minimize confusion, disputes, and court delays

A will puts you in charge—and helps your family avoid unnecessary stress and expense.

What You Need to Create a Will in Virginia

Let’s break it down. Here’s what goes into a legally valid Virginia will:

1. You Must Be Legally Able to Make One

In Virginia, you must be:

• At least 18 years old
• Of sound mind (you understand what you’re doing and what you own)

2. Put It in Writing

Verbal promises won’t cut it. Your will must be a written document. It can be typed or handwritten (though handwritten wills—called holographic wills—are much riskier and easier to challenge).

3. Sign It Properly

You must sign the will yourself—or direct someone else to sign it for you in your presence.

4. Have Two Witnesses

Your will must be signed by two competent adult witnesses who are present at the same time and see you sign (or acknowledge) the will.

Tip: Your witnesses should not be people who are receiving anything in the will.

5. Consider a “Self-Proving” Affidavit

This is a legal document signed by you and your witnesses in front of a notary. It helps your will get through probate faster by proving it’s valid, without needing your witnesses to appear in court.

How to Make Sure Your Will Actually Works

Too many people think writing a will is enough. But that’s only part of the story. If you want your wishes to actually be honored, you need to make sure your plan is:

• Clear (no vague or confusing language)
• Comprehensive (covers all your assets and situations)
• Legally enforceable (drafted according to Virginia law)
• Updated regularly (especially after major life events)

That’s where professional help comes in.

Do I Need a Lawyer to Make a Will?

Technically, no. You can use an online form or write something on paper. But if you make a mistake, your will may be declared invalid—or lead to serious family disputes.

Honestly, most people don’t know what they don’t know about estate planning.

We’ve seen handwritten wills that were thrown out in court… online wills that didn’t cover real property… and vague instructions that left families confused, hurt, or even disinherited.

A few hundred dollars saved upfront can cost your family thousands in legal fees, months of court delays, and years of strained relationships.

Getting legal guidance is one of the most caring things you can do for your loved ones.

What Happens After You Make a Will?

Creating the will is just the beginning. You’ll also need to:

✅ Keep it in a safe but accessible place (not a safety deposit box)
✅ Tell your executor where it is
✅ Review it every few years or after major life changes (marriage, divorce, birth, move, etc.)
✅ Make sure your other documents—like powers of attorney and medical directives—are in place

Also: Your will only controls assets that go through probate. That means you should work with your attorney to ensure your beneficiary designations (like on life insurance or retirement accounts) are aligned with your wishes.

Final Thoughts

Creating a will is about more than passing down money. It’s about protecting your loved ones, preserving your values, and making life easier for the people you care about most.

You don’t have to be perfect, and you don’t have to do it alone.

We’re here to help.

If you live in Loudoun County or anywhere in Northern Virginia, schedule a consultation with us today. We’ll guide you through the process—without pressure, legal jargon, or cookie-cutter documents.

Planning Today. Protecting Tomorrow.