Wills in Virginia Beach

Virginia Requirements for a Valid Will

Virginia imposes specific signing and witnessing requirements for wills. A valid will must be in writing and signed by the testator, meaning the person making the will. Another person may sign in the testator’s presence and at the testator’s direction when the signature is intended to serve as the testator’s signature.

For a typed will, the testator must sign or acknowledge the signature before at least two competent witnesses who are present at the same time. Each witness must then sign in the testator’s presence. Because these details matter, working with a will lawyer in Virginia Beach can help you understand the requirements that apply to the document being prepared.

Notarization & Self-Proving Affidavits

A Virginia will doesn’t need to be notarized to be valid. However, a self-proving affidavit is a notarized statement associated with the will that may allow it to be admitted to probate without live testimony from the witnesses. The affidavit and the will serve different legal functions.

Holographic Wills

A holographic will is written entirely in the testator’s handwriting and signed by the testator. In Virginia, its handwritten nature and signature must be proved by at least two disinterested witnesses. These requirements are general information and aren’t a substitute for advice about a particular document or plan.

Probate & Estate Administration in Virginia Beach

Virginia doesn’t have a separate probate court. For a Virginia Beach resident, the Virginia Beach Circuit Court Clerk’s Office handles probate. Depending on the circumstances, a will may be probated in the Virginia circuit court where the person who died resided, owned real estate, or died.

After qualification, an executor named in a will or an administrator appointed for an estate generally files an estate inventory with the commissioner of accounts within four months. Written notice is generally provided to heirs and beneficiaries within 30 days. Specific filing and notice obligations can depend on the estate and the representative’s role.

As of 2026, the probate tax due when a will is filed is $1 in state tax and 33 cents in local tax for every $1,000 of estate value. The amount and other administration requirements can vary based on the property involved and how it’s owned.

When Someone Dies Without a Will

When a person dies without a will, Virginia’s intestate succession rules determine who receives property that passes through the estate. Distribution generally begins with a surviving spouse, but the result can differ when the deceased person had children from another relationship. Beneficiary designations, jointly owned property, and other forms of ownership can also affect which assets pass through estate administration.

When to Review an Existing Will

A will should reflect your current relationships, property, and intentions. Marriage, divorce, or remarriage can signal the need for an update, as can the birth or adoption of a child or grandchild.

Other changes that can warrant a review include:

• Buying or selling a home
• Receiving an inheritance or experiencing a major increase in assets
• Starting, buying, or selling a business
• Moving to Virginia or changing legal residency
• Receiving a health diagnosis that affects long-term care needs

A review is also appropriate when the people named to receive property or serve as decision-makers no longer reflect your intentions. Updated documents should align with current asset ownership and beneficiary designations. We review these details to determine whether an older document still fits your family and financial circumstances.