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Virginia Last Will and Testament for Widow or Widower with Minor Children

State:
Virginia
Control #:
VA-WIL-01701
Format:
Word; 
Rich Text
Instant download

Description Legal Last Will

The Legal Last Will and Testament Form with Instructions you have found, is for a widow or widower with minor children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for the appointment of a trustee for assets left to the minor children.


This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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How to fill out Virginia Last Will And Testament For Widow Or Widower With Minor Children?

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FAQ

In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator.Although the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers.

A self-proving will, is a will that has been certified and acknowledged in advance of probate. The affidavit contains sworn statements attesting that the testator signed their will freely and without any coercion.

In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator.Although the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers.

Self-written wills are typically valid, even when handwritten, as long as they're properly witnessed and notarized, or proven in court. A handwritten will that is not witnessed or notarized is considered a holographic will. Not all states accept holographic wills .

You can make your own will in Virginia, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.

A holographic will is a handwritten will which can be valid in Virginia as long that it is either entirely in the testator's sole handwriting and is proven by two disinterested witnesses or it is signed by the testator in the presence of two competent witnesses who countersign the document.

Virginia is a common law property state. This means that in cases of intestacy, the estate is automatically inherited by the spouse.Therefore, if there is a surviving spouse, the spouse will receive the deceased's portion of all marital properties.

A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.

Heirs/Heirs at Law: the persons who would inherit the decedent's estate if the decedent died intestate, as determined by law at the time of the decedent's death.

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Virginia Last Will and Testament for Widow or Widower with Minor Children