Do I Need a Will in Virginia?

What happens without a will

If a Virginia resident dies without a will, the estate passes by intestate succession under Va. Code § 64.2-200 et seq. The statute distributes assets in a fixed order based on family relationships — not based on what the decedent would have wanted.

Among the more important rules:

• If the decedent is survived by a spouse and children of that marriage only, the entire estate passes to the surviving spouse.
• If the decedent is survived by a spouse and children — but one or more of the children are not children of the surviving spouse — the spouse takes one-third of the estate and the children share the remaining two-thirds.
• If there is no surviving spouse, the entire estate passes to the decedent's children (or their descendants).
• If there is no spouse and no descendants, the estate passes to parents, then siblings, then more distant relatives in statutory order.

Minor children — who decides

Without a will, the appointment of a guardian for minor children is decided by the Circuit Court. The court considers the best interests of the children, but it has no record of what the parents would have chosen. Family disputes over guardianship at the most stressful possible moment are not unusual when there is no will.

A will lets a parent nominate a guardian for minor children and designate a successor. The court is not bound by the nomination, but it is given significant weight.

What a well-drafted will actually does

A will is not just a list of who gets what. It also:

• Names a personal representative (executor) and a successor
• Nominates a guardian for minor children
• Can create a testamentary trust for minor or special-needs beneficiaries, instead of distributing assets outright
• Can address tax planning for larger estates
• Can include tangible personal property distribution by separate written memorandum
• Can waive bond for the personal representative and waive other formalities that add cost

Requirements for a valid Virginia will

Virginia recognizes several types of wills, but the standard formally executed will is:

• In writing
• Signed by the testator (or by another at the testator's direction in the testator's presence)
• Witnessed by at least two competent witnesses who saw the testator sign (or acknowledge) and who signed in the testator's presence

A self-proving affidavit signed by the testator and witnesses before a notary makes the will easier to admit to probate without producing the witnesses. Holographic (handwritten) wills are recognized under specific conditions but are riskier and more frequently challenged.

Beyond a will — the full estate plan

A will is one component of an estate plan, not the whole plan. Most adults also benefit from:

• A durable financial power of attorney — authorizing someone to handle financial matters during incapacity
• A health care directive or advance medical directive — authorizing health-care decisions and stating wishes for end-of-life care
• Updated beneficiary designations on retirement accounts, life insurance, and transfer-on-death accounts (these pass outside the will)
• A revocable living trust, when probate avoidance, privacy, or out-of-state property warrant it

What PLDR drafts and reviews

Jake Snow handles estate planning and administration for PLDR. Melissa Herke supports estate matters as the firm's lead estates paralegal. The first conversation typically maps the family, the assets, and the goals — what should pass to whom, who should manage the process, and whether anything calls for trust planning rather than a simple will.

PLDR's drafting starts from the actual situation. We do not produce template wills that ignore the real questions in a client's life.

This page provides general information about Virginia wills and intestate succession. It is not legal or tax advice and does not create an attorney-client relationship. Statutory rules update periodically; verify current values with counsel.