VA · Will guide
Virginia will requirements (both witnesses present at the same time)
You're going to die. Virginia's default intestacy script is not a personality. Va. Code §64.2-403 wants a written will and your signature (or a directed proxy). For a typed or printed will, at least two competent witnesses must be present at the same time and must subscribe in your presence. That simultaneous-presence rule is the Mid-Atlantic landmine people miss when they copy North Carolina or Texas blogs.
This page is the formal witnessed-will playbook: same-time witnesses, interested-witness competence under §64.2-405, optional self-proving under §64.2-452, and a holographic FAQ that is a different path entirely.
The short version
How to sign a will in Virginia
Ceremony under Va. Code §64.2-403:
- Will in writing.
- You sign it. Or another individual signs in your presence at your direction.
- For a non-holographic (typed/printed) will: at least two competent witnesses are present at the same time, see you sign or hear you acknowledge, and subscribe in your presence.
Simultaneous presence is the landmine vs North Carolina and Texas. Do not stagger the witnesses one at a time for a typed Virginia will. Electronic and remote wills: out of scope / VERIFY. Not marketed here.
Virginia will witnesses
Virginia wants two or more competent witnesses for a non-holographic will, present at the same time (§64.2-403(C)).
Interest alone does not make a person incompetent to testify for or against the will (§64.2-405). That is a competence rule. It is not a permission slip to use your main heir as one of only two pens. Prefer disinterested witnesses for contest optics.
(VERIFY before claiming a separate gift-void rule for interested subscribing witnesses beyond §64.2-405. This page does not invent one.)
Do you need a notary for a Virginia will
For §64.2-403 validity: no.
Self-proving under §64.2-452 uses the testator's acknowledgment plus witness affidavits, with a statutory certificate form. It can make live witness testimony at probate less necessary.
Self-proving does not fix a will that never met §64.2-403. Skipping self-proving and then hunting witnesses years later is how estates get expensive.
Virginia will mistakes that hurt later
- Staggered one-at-a-time witnessing for a typed will. §64.2-403(C) wants both witnesses present at the same time.
- Confusing holographic "disinterested prove handwriting" with formal attestation. Different paths. See holographic FAQ.
- Skipping self-proving and then hunting witnesses years later. Optional now, painful later. Cite: §64.2-452.
- Assuming notary equals validity. Notary is not required for §64.2-403 validity.
Are holographic wills valid in Virginia
A will wholly in the testator's handwriting and signed can be valid as holographic without further execution formalities if the handwriting and signature are proved by at least two disinterested witnesses (§64.2-403(B)).
That is not the same ceremony as formal attestation under §64.2-403(C). Killswitch's signing instructions target the formal witnessed path.
How Killswitch helps with a Virginia will
Killswitch builds your Virginia will with plain-English prompts and prints Virginia signing instructions on the document, including the simultaneous-presence rule people forget when they copy Carolina blogs.
Free to draft and read. Pay once for the finished copy. You still gather the humans and run §64.2-403. We do not notarize for you, and we do not promise a court will smile.
Free to write and read. Pay once for the finished copy. Signing instructions for your state print on the document.
Check signing requirements by state · Full Virginia estate planning hub
Frequently asked questions
How many witnesses for a Virginia will
For a non-holographic will, at least two competent witnesses who are present at the same time and who subscribe in the testator's presence under Va. Code §64.2-403(C).
Do Virginia witnesses have to be present at the same time
Yes, for a typed or printed will. §64.2-403(C) requires the witnesses to be present at the same time.
Do I need a notary for a Virginia will
No, a notary is not required for validity under §64.2-403. A notary or oath officer is used for optional self-proving under §64.2-452.
What is a Virginia self-proving will
Testator acknowledgment plus witness affidavits under §64.2-452, with a statutory certificate. Self-proving does not replace §64.2-403 formalities.
Are holographic wills valid in Virginia
Yes, if wholly in the testator's handwriting and signed, and the handwriting and signature are proved by at least two disinterested witnesses (§64.2-403(B)). This page focuses on formal witnessed wills.
Can an interested person witness a Virginia will
Interest alone does not make a person incompetent to testify under §64.2-405. Prefer disinterested witnesses for contest optics anyway.
Sources
VA will
Start your Virginia will in plain English.
Free to write and read. Pay once for the finished copy. Signing instructions for your state print on the document.
Killswitch is not a law firm and does not give legal advice. This page is educational information about Virginia statutes, not advice about your situation. Laws change. Read the cited sources and talk to a licensed attorney if your estate is complicated (business, trust, fight already in progress, or anything that already has lawyers in it). We put signing instructions on your document in plain English. You still have to follow your state's rules when you sign.
