Last Will Testament

A. Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.

No, in Virginia, you do not need to notarize your will to make it legal. However, Virginia allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

In Virginia, no will is valid unless it is in writing and signed by the testator, or by some person in the testator's presence and by his direction. Essentially, this means that the will itself must be both in writing and signed by you or someone at your direction. Further, oral wills are not valid in Virginia.

Virginia does not have a separate probate court, so the county Circuit Courts handle the process. In most cases, the Clerk of the Circuit Court or a deputy court clerk oversees the probate of smaller estates.

There are four requirements to make a valid will in Virginia. In order to successfully create a will you must be of the proper age, mental capacity, the will must be signed and in writing, and the signing must be witnessed by at least two individuals.

In Virginia, an estate will need to be probated when a person dies with property valued at more than $50,000. So, the only way to avoid probate, is to die with either a very small estate, or to take steps to make sure that your assets transfer automatically to beneficiaries.

Before distributing assets to beneficiaries, the executor must pay valid debts and expenses, subject to any exclusions provided under state probate laws.The executor must maintain receipts and related documents and provide a detailed accounting to estate beneficiaries.

Create the initial document. Start by titling the document Last Will and Testament" and including your full legal name and address. Designate an executor. Appoint a guardian. Name the beneficiaries. Designate the assets. Ask witnesses to sign your will. Store your will in a safe place.