Virginia Last Will and Testament Form

The Virginia last will and testament is a document that is provided so that a person (testator) may prepare in advance, while they are of sound mind, a record of their specific wishes as to how their estate; personal property, financial accounts and/or real estate would be distributed between their beneficiaries once the testator is no longer living. The testator, in the event they have not yet delegated powers to a trusted representative (executor), they may do so within this document. The executor is required to distribute the property specifically according to the testator’s wishes. This document must be witnessed and may also be revoked at the discretion of the testator.

Laws – 64.2-401, et seq.

How to Write

Step 1 – Download the document and submit:

  • Testator’s name
  • City and County of residence
  • Read  – “Expenses and Taxes”

Step 2 – Name a Representative (Executor) – The Testator may establish an executor by submitting the following information:

  • Executor’s full name
  • Address
  • County and State

If the first appointed executor is no longer available at any point, the Testator may  establish an alternate. Provide the following information:

  • Full name of the alternate agent
  • Address
  • County and State of residence

Step 3 – Disposition of  Property –Submit all beneficiary information:

  • Beneficiaries names
  • Addresses
  • Relationships to testator (respectively)
  • Enter the last four (4) digits of the beneficies Social Security Numbers
  • The Testator should review the paragraphs
  • If additional instructions are applicable, the testator may add a separate sheet and attach to the document

Step 4 – Titled Sections – Read all of the following titles:

  • Omissions
  • Bond
  • Discretionary Powers of Personal Representative (subsections A through K)
  • Contesting Beneficiary
  • Guardian Ad Litem Not Required
  • Gender
  • Assignment
  • Governing Law

Step 5 – Binding Agreement – Read and agree to the first paragraph, then submit:

  • Testator’s name
  • Submit the date of the document’s execution – mm/dd/yyyy
  • The Testator’s signature
  • Testator’s printed name
  • Date of signature in dd/m/yy format
  • Testator’s name

Step 6 – Witness Signatures and Notary Public – Any signatory to the document must sign before a notary public

Witnesses –

  • Witnesses signatures
  • Current Addresses

Testamentary Affidavit –

  • The notary will acknowledge this document by completion of the notary section at the end of the document
  • Testator must provide their signature
  • Witnesses must submit their signatures