Virginia Will Signing Day Kit: Virginia's Witness and Notary Rules, Signing-Day Checklist, Witness Sheet and Original-Will Record

Who it is for

Anyone signing a will in Virginia, and the family member, friend or office helping set up the signing. Who can make a will, per the official page: Adults and emancipated minors of sound mind. An unemancipated minor can't make a will; the self-proving form says the testator is over 18.

Not the right fit if

The person signing isn't in Virginia, you still need the will written (that's a lawyer's job), or someone may contest it. Not a will form or a legal service.

Why it is different

• Built only from our Virginia will signing data file, checked November 2026 against Code of Virginia Title 64.2, Chapter 4, Wills; Nolo (secondary source): Making a Will in Virginia (Nolo, updated October 2023).
• 1 fact isn't stated on those pages, so the kit leaves it out and lists it once to look up, instead of guessing.
• Sources: https://law.lis.virginia.gov/vacodefull/title64.2/chapter4/ https://www.nolo.com/legal-encyclopedia/virginia-make-will-31781.html
• For the estate side in Virginia, the Virginia Executor and Estate Kit: The entire personal probate estate, wherever located, worth no more than $75,000 at the date of death (section most recently amended by 2026 Acts, c. 40). Real estate isn't part of the personal probate estate: the small estate process can't be used to collect real estate, which passes to heirs by recording the will or, without a will, a real estate affidavit (form CC-1612) with the circuit court.

What is inside

• Start here. The 6 confirmed Virginia facts at a glance; to look up on the official page: remote witnessing.
• Virginia signing-day checklist. Bring 2 witnesses. The rule: Two witnesses who are present at the same time, for any will not wholly in the testator's handwriting. Pick witnesses who get nothing under the will and aren't married to someone who does. Have a notary or another officer who can administer oaths there for the self-proving affidavit. The statute names that officer rather than notaries by name. Allowed, before an officer authorized to administer oaths under Virginia law. The rule here: A beneficiary may serve as a witness (Nolo, citing Va. Code 64.2-405), though disinterested witnesses are recommended. The testator signs (or acknowledges the signature) while the witnesses watch, then each witness signs. This checklist is for a typed will signed with witnesses. A handwritten will follows different rules: Recognized if wholly in the testator's handwriting and signed.
• Witness information sheet. One block per Virginia witness (2 required, plus a spare).
• Original-will storage and location record. Where the original is and who has copies. Handwritten wills in Virginia: Recognized if wholly in the testator's handwriting and signed. At probate, two disinterested witnesses must prove the handwriting.
• Virginia will signing tracker (Excel). Steps, ID, copies and review dates. Electronic wills: Not authorized, per Nolo's Virginia page (updated October 2023).