Virginia Last Will and Testament Free Template 2023

Virginia Last Will and Testament Free Template 2023


Jennifer Mcgee


Updated on  

March 17, 2023

9 Mins


A Virginia Last Will and Testament is a Legal document by which the people of Virginia may distribute their estate (personal belongings, real estate, bank accounts, money, etc.) among their loved ones as per their wish. This document will be effective only after the death of the testator (A testator is a person who creates the Will).

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Once you have downloaded this DIY Last Will and Testament template for Virginia; 

  1. Fill it out and validate your will as per your state laws.
  2. If it feels overwhelming you can try TrulyWill, where you can do it yourself with the help of guide questions and support to answer your queries. You can also book an attorney if you need specific legal advice for a nominal fee. 
  3. Use the platform to come back and update your will as per your convenience. 

This template will assist you to make a Will with an easy estate plan. If you've got a high net worth or the other complex issues in your personal or financial life; you might want to discuss it with one of our attorneys to avoid your Will from being rejected by the court at a later stage.

In addition to this, below, you'll find all the relevant information about the legal requirements for creatinga legitimate last Will in Virginia along side the commonly asked questions.

Testator’s requirements:

In Virginia, any person who is 18 years of age or more and is of sound mind may make a Will.

A person is said to be of sound mind if they are able to understand the nature of the conduct they are engaging in and can tell the difference between right and wrong.

In other words, you must be aware of the property you own, the beneficiaries you have named in your Will, and the fact that you are preparing a Will.

Signature Requirements in Will:

Every Will must be signed by the Testator and at least 2 witnesses who may be interested witnesses and they must sign the Will in the presence of the testator and in the presence of each other.

Note - There are various exceptions and special rules but these are the standard requirements for Virginia Wills. 

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Virginia Last Will and Testament Free Template 2023

Stepwise procedure on what to include in the Last Will and Testament for Virginia.

STEP 1: List your Assets.

Make a list of everything you own, including both tangible and intangible assets, first. Your personal belongings, real estate, bank accounts, jewelry, and life insurance policies may all fall under this category.

This will help you understand which asset will be transferred through your Will or other modes.


All household goods, silverware, equipment, appliances, furniture and furnishings, clothing, jewelry, personal effects, automobiles, and all other tangible personal property not otherwise specifically devised hereunder or pursuant to Item III hereunder, owned by me at the time of my death, I devise to _________________________, or in default thereof, this gift shall lapse.  For purposes hereof, cash, coins or currency shall be deemed intangible personal property.

STEP 2: Choose Beneficiaries.

A beneficiary is a living individual or a legal body (such as a trust or an organisation) to whom your will leaves property. You can name any anyone as a beneficiary of your will, including members of your family, friends, and other relations.

Additionally, you have the freedom to remove any family member, child, or spouse from your will at any time. It is suggested that you get legal assistance for this.



I certify that I am not wed. I have two children, however, I don't have any live offspring or any lineal descendants. Child 1, born on December 1, 2000, and Child 2, born on February 2, 2015, are mine.

I specifically, consciously, and with full awareness fail to provide for Child 1 in this Will—not out of lack of love or affection. This proclamation was made on purpose and not by accident or mistake.

STEP 3: Choose an Executive/Personal representative.

Always choose a person who is trustworthy, credible, and responsible as your personal representative as he/she has a lot of authority over your assets after your death. 

These include: 

  • Paying your debts.
  • Paying funeral expenses.
  • Distribution of assets among beneficiaries.
  • Appointing attorneys to assist in probate.



In accordance with my last will and testament, I hereby designate, constitute, and appoint _____________________ as my personal representative. I hereby designate, constitute, and appoint _____________________ as Personal Representative of this my Last Will and Testament in the event that ________________ fails to survive me.

I order that no Personal Representative, whether one listed above or one who is chosen in another manner, shall be asked to post a bond or other security to guarantee that they will faithfully carry out their obligations in that capacity.

If my Personal Representative determines in good faith that a specific property should not be included in my gross estate for federal estate tax purposes, they must exclude that item from my gross estate tax return.

STEP 4: Choose a Guardian for your minor children.

You can name a person who will look after the minor children after the death of the testator. This includes food, shelter, education, and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years. 

I appoint [name of guardian], as Guardian of the person of each minor child of mine. If [name of guardian] fails to qualify or cease to act for any reason, I appoint [name of successor guardian] as successor Guardian in [his/her] place.

STEP 5: Signature of Testator and Witnesses.

After writing everything in your Will, you need to sign it along with 2 witnesses. These witnesses are also required to sign your Will to make it a valid one. 


          This instrument, consisting of four (4) pages was signed, sealed, declared, published and acknowledged by ………………… as his Last Will and Testament, in the presence of us, the undersigned, who, at his special instance and request, do attest as witnesses, after said testator had signed his name thereto, in his presence and in the presence of each other, this ____ day of ______________________, 2021.



                             Witness:                                                Residing at:    


The foregoing instrument was sworn to, subscribed and acknowledged before me this ___ day of _________________________, by………………., the testator, Witness 1, and Witness 2, the witnesses, (    ) who are all personally known to me or (   ) who have produced ____________________ (____________ Driver License) as identification.


  Notary Public, State of 

STEP 6: Store your Will in a safe place.

After completing all the above formalities to make a will, you must keep it in a safe place to prevent it from being lost or stolen. We recommend that you give copies of your Will to all  beneficiaries and executors so that they are aware of the fact that you have created a Will. Finding a Will would be difficult  if you die suddenly. It is also possible that they will never know that you had a Will either. So it is very important to inform about it to your heirs/beneficiaries.

You can also use TrulyWill’s platform to store your Wills and review it anytime, anywhere.

STEP 7: Review your Will periodically

Making a will is insufficient if you have not revised it after any significant life events. The decisions made previously in the Will are likely to change as a result of events like marriage, divorce, births, and deaths, therefore it is crucial to update it appropriately to prevent any burden on you and your family members in the future.

You may also look for the Advance Healthcare Directives in Virginia.

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Frequently Asked Questions

Do you need to notarize your Will in Virginia?

No. In Virginia, it is not required to notarize a will. However, if there is a dispute over the validity of the Will in the Probate Court, a Will that has been properly notarized and "self-proved" does not require the evidence of witnesses at the time the Will is admitted in court.

Do I need an attorney to make a Will in Virginia?

No. You don't need an attorney to make a Will. With TrulyWill, you can create a Will online, which is comprehensive, state-specific, and legally valid no matter how small or large your estate is. Follow 3 simple steps and get your Virginia Last Will and Testament made as per your requirement. 1. Sign in. 2. Answer a few simple questions. 3. Your Will is ready to download.

Does Virginia consider a Handwritten Will?

Yes. Virginia considers a Holographic/handwritten Will to be valid. A Holographic or Hand-written Will is an alternative to the Traditional Wills provided by lawyers or the ones created online. Even if it is easier, it’s not recommended by the lawyers to create a Holographic Will unless there is a necessity.

Can I revoke or change my Will in Virginia?

Yes. There are two ways to change or revoke your Will: Create a new Will. It will expressly or by discrepancy revoke the previous will or a portion of it. Burning, tearing, voiding, or erasing the previous Will. The testator or any person acting at the testator's direction must do this with the purpose to revoke it.

How much does it cost to make a Will in Virginia?

Depending on your needs and region, hiring an attorney to create your Will in Virginia will cost you between $500 and $1000. Unlike any other Last Will and Testament template you may have encountered, TrulyWill enables you to write a Will that is affordable, accurate, and legally binding.
Jennifer Mcgee
Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...
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Jennifer Mcgree
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