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A Virginia Last Will and Testament (a "Will") is a legal document that outlines your wishes related to property distribution after death, such as who will inherit your home, personal belongings, or... Read more

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Making a Last Will and Testament in Virginia

  • What is a Virginia Last Will and Testament?

    A Virginia Last Will and Testament (a "Will") is a legal document that outlines your wishes related to property distribution after death, such as who will inherit your home, personal belongings, or money.

    The person making a Will is called the "testator," while the person or organization appointed to manage the testator's estate after death is known as the "executor." Suited for Virginia residents, this free Last Will and Testament can be used in Fairfax County, Prince William County, Virginia Beach County, and in all other parts of the state. Any Virginia Will from Rocket Lawyer can be tailored for your particular circumstances. Creating this essential legal document provides proof of your decisions.

  • How do I write a Will in Virginia?

    It is simple and easy to outline your preferences with a free Virginia Last Will and Testament template from Rocket Lawyer:

    1. Make your Will - Answer a few basic questions, and we will do the rest
    2. Send or share - Review the document with an attorney, if desired
    3. Sign it - Mandatory or not, having two disinterested witnesses is encouraged

    This route will often end up being much less expensive and less time-consuming than working with your average law firm. If necessary, you may start a Last Will and Testament on behalf of your spouse or another relative, and then have them sign once you've drafted it. Please keep in mind that for a Will to be legally valid, the testator must be mentally competent when they sign. In the event that the testator has already been declared incompetent, a court-appointed conservatorship could be required. When managing such a situation, it is important to speak to an attorney.

  • Who should write a Will?

    Every adult ought to have a Last Will and Testament in place. Though it may be tough to acknowledge, your loved ones will need to know your preferences for guardianship (if applicable), your property, and/or assets when you pass away. Typical situations where it would be useful to make or update your Will include:

    • You are getting older or dealing with ongoing health issues
    • You own or recently sold/bought real estate
    • You have experienced a change in marital status
    • You have new beneficiaries, such as a child

    Regardless of whether this Virginia Last Will and Testament is being prepared as part of a long-term plan or produced in response to a recent change in your life, witnesses and/or notarization are strongly encouraged as a best practice for protecting your document if its authenticity is doubted by a third party.

  • Do I need to hire a lawyer to review my Will in Virginia?

    Writing a Will is normally simple, but you or your executor(s) might still need legal advice. Depending on whom you ask, some attorneys will not even agree to review your document if they weren't the author. An easier approach to consider is to request help from Rocket Lawyer On Call® network of attorneys. If you become a Premium member, you have the ability to ask for feedback from an experienced lawyer or send other questions about your Will. We're here to support you.

  • What might I usually have to pay to make a Will in Virginia?

    The fees associated with hiring and working with the average lawyer to make a Last Will and Testament could add up to between $200 and $1,000. Rocket Lawyer isn't your average Last Will and Testament template provider. With us, anyone under a Rocket Lawyer Premium membership can take advantage of up to a 40% discount when hiring an attorney from our network.

  • Are there any additional actions to take after making my Virginia Last Will and Testament?

    Alongside each Virginia Last Will, there's a checklist of instructions on what to do next. You also can try any of the following actions with your PoA: editing it, printing it out, and/or signing it. Even if you make copies, make sure to keep your signed original in a safe place. It is important that your loved ones know where to find it after you have passed.

  • Does a Last Will and Testament need to be notarized or witnessed in Virginia?

    The specific requirements and restrictions will vary in each state; however, in Virginia, your document needs two witnesses. As a general principle, your witnesses should be mentally competent people. Furthermore, it is recommended that your Last Will be acknowledged by a notary public in order to emphasize its authenticity.

    See legal references for a Will in Virginia: § 64.2-403

  • Does a Last Will and Testament need to be filed in Virginia?

    A Will does not have to be filed with the court until the testator has passed away. Filing a Will (along with any other forms needed by the county) initiates the process of probate.

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