Virginia Last Will and Testament

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Virginia Last Will and Testament

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Last updated June 2nd, 2026

A Virginia last will and testament enables individuals to plan how their estate and affairs will be managed when they pass. The person drafting the will, known as the testator, names the beneficiaries entitled to their estate, details distribution instructions, and appoints a personal representative to ensure their affairs are handled in accordance with their wishes.

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A Virginia last will and testament enables individuals to plan how their estate and affairs will be managed when they pass. The person drafting the will, known as the testator, names the beneficiaries entitled to their estate, details distribution instructions, and appoints a personal representative to ensure their affairs are handled in accordance with their wishes.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Destroying a will, or executing a new will that revokes or is inconsistent with the original document.[3]

Probate in Virginia

Petition for Probate of Will

To start the probate process, the personal representative must submit the following to the clerk’s office of the circuit court for the decedent’s county[4]:

After taking an oath and posting bond (if required), the personal representative will receive a Certificate of Qualification.[5] They must then send beneficiaries, heirs, and any surviving spouse a Notice Regarding Estate, file an Affidavit of Notice Regarding Estate, and submit an Inventory for Decedent’s Estate to the Commissioner of Accounts.[6]

The personal representative may seek a proof of debts and demands hearing for creditors to prove claims. They may also demand a show cause hearing for interested parties to object to the estate administration.[7] Once claims and tax matters are resolved, the personal representative must distribute assets and file an Account for Decedent’s Estate with the Commissioner.[8]

Small Estates

If an estate contains no real property and the total value does not exceed $75,000, it may be distributed without probate using a Small Estate Act Affidavit.[9] 

Sources

  1. § 64.2-401(B)
  2. § 64.2-403
  3. § 64.2-410
  4. §§ 64.2-455(A), Probate in Virginia (VII) pg. 3, 64.2-509(A), 64.2-447, Probate Information Form Instructions
  5. §§ 64.2-501, 64.2-504, 64.2-506
  6. §§ 64.2-508(A) & (F), 64.2-1300(A)
  7. §§ 64.2-550(A), 64.2-556(A)
  8. § 64.2-1304(A), Probate in Virginia (IX) pg. 4
  9. § 64.2-601(1)