Springfield, Virginia · Wills & Estate Planning
A last will and testament is the document that says who gets what, who is in charge of settling your estate, and who raises your children if they are still minors. In Virginia, a will has to be in writing and signed by you in front of two witnesses who watch you sign and then sign it themselves. In Springfield, a valid will lets you, and not the state’s default rules, decide where your property goes. Without one, Virginia law decides for you.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
Virginia Does Not Allow Electronic Wills
Some states now permit fully electronic, digitally signed wills. Virginia, as of 2026, does not. Your will needs to be a paper document with real, wet-ink signatures from you and your two witnesses. A will you typed and signed only on a screen will not hold up here. This is one of the most common mistakes we see, and it is an easy one to avoid by signing the right way the first time.
This article is one part of our larger estate planning guide. For the full picture, start with our cornerstone, Wills and Estate Planning in Virginia. Here, I will focus on the last will and testament and what makes one valid in Springfield.
What a will actually does
A will does three main jobs. It names an executor, the person who gathers your assets, pays your debts, and distributes what is left. It directs who receives your property and in what shares. And if you have minor children, it names the guardian who would raise them. A will speaks only at death, so you can change it any time while you are living. Think of it as the instruction sheet your family follows when you are no longer there to answer questions. You can read more on our last will and testament page.
What makes a will valid in Virginia
Virginia keeps the rules clear. Under the Code of Virginia, a will must be in writing and signed by you, and unless it is entirely in your own handwriting, it must be signed in the presence of two competent witnesses who are both there at the same time and who sign in your presence. A will written entirely in your own hand, a holographic will, can be valid without witnesses, but it then has to be proved later by two people who recognize your handwriting. The witnessed, typed will is the cleaner path, and it is the one we prepare. You can read more on our last will and testament page.
The self-proving affidavit saves your family time
Virginia lets you make a will self-proved by adding a short sworn affidavit, signed by you and your two witnesses in front of a notary. It is optional, but it is worth doing. With a self-proving affidavit attached, the court can accept the will without tracking down your witnesses years later to confirm they watched you sign. That one extra step at signing can save your family weeks of delay and hassle when the will is presented for probate.
Need a will done right in Springfield?
Tell me about your family and what you own, and I will help you put a valid, clear will in place. The first conversation is easy and there is no pressure.
What happens if you die without a will
If you die without a will in Virginia, the state’s intestacy rules decide who inherits, and the result surprises people. If all of your children are also your spouse’s children, your spouse inherits everything. But if you have a child from another relationship, your spouse takes only one-third and your children split the other two-thirds, even minor children, which can force a court process to manage their share. The default rules are rigid and may not match what you would have chosen. A will replaces those defaults with your own decisions.
Naming a guardian for your children
For parents, this is often the real reason to sign a will. Virginia lets you name, in your will, the guardian who would raise your minor children if both parents were gone. You can name a first choice and a backup. The named guardian does not take over while a fit parent is still living, but having the choice in writing means a judge is not left guessing, and your family is not left arguing, about who should step in. It is the single most important reason many young families finally sit down and make a plan.
How we help in Springfield
We help you decide who should serve as executor and guardian, draft a will that says exactly what you want, and walk you through a proper signing with witnesses and a self-proving affidavit. We also make sure your will fits with the rest of your plan, since some assets pass outside it. A Springfield will is presented for probate at the Fairfax Circuit Court, and we set things up so that step is as smooth as possible for the people you leave behind. You can read more on our last will and testament page.
“A will is not about the law. It is about your family not having to guess what you would have wanted on the hardest day of their lives.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Honest Counsel
Make sure your will is typed and signed in front of two witnesses at the same time, because a casual or screen-only version may not be valid in Virginia. Add the self-proving affidavit, since it saves your family real time at probate. And if you have minor children, name a guardian and a backup, because that one choice matters more than almost anything else in the document.
A valid, witnessed will with a guardian named is the foundation everything else in your plan is built on, and it is worth getting right the first time.
Authoritative References
Sources
- Code of Virginia, § 64.2-403. Sets the requirements for a valid will: in writing, signed by the testator, and witnessed by two competent witnesses present at the same time.
- Code of Virginia, § 64.2-452 and § 64.2-453. Allow a will to be made self-proved with an affidavit of the testator and witnesses before a notary.
- Code of Virginia, § 64.2-200. Sets Virginia’s intestacy rules, which control who inherits when there is no valid will.
- Code of Virginia, § 64.2-1701. Lets a parent appoint a guardian for a minor child by will.
Virginia authority verified as of June 2026. Every estate plan turns on your own family and assets; confirm the current rules and what fits your situation.
Frequently Asked Questions
What makes a will valid in Virginia?
It must be in writing and signed by you. Unless it is entirely in your own handwriting, it must be signed in front of two competent witnesses who are present at the same time and who sign in your presence.
Does Virginia allow online or electronic wills?
No. As of 2026, Virginia requires a paper will with wet-ink signatures from you and your two witnesses. A will signed only on a screen will not be valid here.
What happens if I die without a will in Virginia?
State intestacy rules decide. If all your children are also your spouse’s, your spouse inherits everything. If you have a child from another relationship, your spouse takes one-third and the children share two-thirds.
Can I name a guardian for my children in my will?
Yes. Virginia lets you name a guardian, and a backup, for your minor children in your will. It is one of the most important reasons for parents to have one.
When You Are Ready
Let’s put your will in place in Springfield.
Tell me about your family and what you own, and I will help you put a valid, clear will in place. The first conversation is easy and there is no pressure.