Make a Virginia Last Will and Testament

Virginia State Last Will and Testament Laws

Definition of Will - §64.2-100

Laws - Title 64.2 Wills (Wills, Trusts, and Fiduciaries)

Witnesses - According to §64.2-403, the Will, in order to be valid:

• If a Will is handwritten by the Testator, it must be signed by two (2) non-beneficiary Witnesses
• If a Will is not handwritten by the Testator, then it must be signed by two (2) witnesses in the presence of one another (including the Testator).

A Sample Virginia Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Choose your marital status from the following:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are married or separated, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, indicate that during this step.

Step 5 - First, enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Then, enter the names of your pets, if you have any. Finally, enter provider information you have about life insurance policies you own.

Step 6 - Provide the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or with a disability of some kind, mention it here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust. Next, list how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - If you would a specific funeral home used, enter that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. If you do not name an Executor, the Virginia probate courts will name one for you, and it may not be someone you wanted. Provide the following information to name an Executor:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets after you die and according to the terms of the trust. You may also wish to appoint an alternate Trustee. If your assets are in a trust, provide the following information for the Trustee and alternate Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include, and are not limited to, trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, use this step to appoint a guardian and an alternate guardian to care for them if you die. You may also wish to appoint a conservator. For the guardian, alternate guardian, and/or a conservator, provide the following information:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you sign your will, your two witnesses need to be present and ready to sign as well. After your will is signed, keep it someplace safe yet easy to access.  

Why do you need a Virginia last will and testament form?

Creating a legal last will and testament in the State of Virginia is a crucial step in the estate planning process. When creating a will, you can name an executor who will be responsible for carrying out the directions you place within the document. Your will can include the distribution of all of your assets including real estate, personal property, vehicles, jewelry, and any other personal effects. Assets can be left to anyone. If you want to ensure that your loved ones are taken care of, it is important that you carefully explain how your assets should be distributed in a last will and testament. Guardianship appointments, pet trusts, and charitable donations can also be made in a last will and testament.

The benefits of having a will

According to Virginia law, a last will and testament is not legally required. There are many advantages to having one.

• It allows you to determine how you want your assets distributed.
• You can name a guardian for your minor children.
• You can make charitable donations.
• You can create a pet trust.
• The most important part of creating a will is naming an executor. An executor will be legally responsible for carrying out the instructions that you set forth in your will.

The costs of not having a will

Without a Virginia will, intestacy laws become enacted. The Virginia probate court would make decisions about your assets and appoint a guardian, and it may not line up with your wishes.  In the State of Virginia, a surviving spouse will inherit the entire estate left by the testator. Conversely, if there are only surviving children and no spouse, the children would split the estate. If there are both a surviving spouse and children from a different relationship, the spouse would inherit one-third of the estate with the rest going to the children. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If no relative is located, the State of Virginia becomes the beneficiary of the estate.