A Personal Representative does not have any authority to act until he or she has qualified. To administer and distribute an estate, a Personal Representative, known as an “Executor” if there is a will or an “Administrator” if there is not a will, must qualify in the Clerk’s office in the jurisdiction where the decedent last lived or owned real estate. Probate is the process of "administering" and distributing a deceased person's assets that pass through the “decedent’s” estate. This site is not intended to be advertising and the author does not wish to represent anyone desiring representation based upon viewing this site in a state in which the site fails to comply with all laws and ethical rules. The author expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this site.īy accessing this site you acknowledge that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. No one should act or refrain from acting on the basis of any content included on this site, but should instead seek the appropriate legal advice on the particular facts and circumstances at issue from a properly licensed attorney. The content of this site contains general information and may not reflect current legal developments, verdicts or settlements.Īny information contained on this site is not intended to be a substitute for legal counsel. Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.Disclaimer: The information contained here is provided for informational purposes only and should not be construed as legal advice on any subject matter.Note: State laws are constantly changing - contact a Virginia wills attorney or conduct your own legal research to verify the state law(s) you are researching. If will is wholly in handwriting of testator and signed by him, neither acknowledgment nor witnesses are necessary proof of handwriting must be by at least two disinterested witnesses. Valid for soldier in actual military service or mariner or seaman at sea to dispose of personal property. Two or more competent witnesses present at same time who must subscribe will in presence of testator (no form of attestation necessary). Code Sectionġ8 years or older and of sound mind, or emancipated persons See FindLaw's Wills section for more articles and resources. The basics of Virginia's will laws are summarized below. It would be wise to have at least two (2) people witness at least the signature and to have them also sign each page of the will. It does not need to be witnessed however two (2) people have to be able to testify that it is in that person's handwriting. These types of wills are typically used in cases of an emergency where the testator doesn't have time to make a more formal will. Holographic ( handwritten) wills are valid in Virginia, as long as at least two disinterested witnesses prove its authenticity. If the will includes a notarized "Self-Proving Affidavit", the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses. 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.Īlthough the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers. However, later proof of any fraud, duress, or undue influence on the testator may cause the will to be invalid. Who May Write A Will In Virginia?Īny mentally competent person who is at least eighteen years old may make a will. State laws govern the rules and processes involved in writing and enforcing a will. Writing a will is one of the most important things you can do for your family members and loved ones, since it simplifies the process of parceling out the belongings of the deceased.
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