Is An Online Will Legally Valid in Virginia?
Yes, you can create a valid will online in Virginia. However, it’s important to note that simply completing an online will form does not automatically make the document legally valid. Virginia law has specific requirements for signing and witnessing a will, so you need to take additional steps after creating your will online.
What Makes an Online Will Legally Valid in Virginia?
Virginia law requires a will to be in writing and signed by the person making the will, known as the testator. If the will is not entirely handwritten, the testator must sign the will or acknowledge the signature in the presence of at least two competent witnesses who are present at the same time. The witnesses must also sign the will in the testator’s presence.
This means an online will can be a useful way to prepare your estate-planning documents, but the online form itself is not the entire process. You should make sure the completed document is properly executed under Virginia law.
Virginia also recognizes handwritten, or holographic, wills. A will that is entirely in the testator’s handwriting can be valid without witness signatures, although the handwriting and signature must be proved by at least two disinterested witnesses, or witnesses that are not included as beneficiaries in the will.
What You Need to Know about Online Wills in Virginia
Estate laws can be quite complex, and the rules can vary significantly from state to state. An online will that is valid in one state may not satisfy Virginia's requirements.
When creating an online will, it is important to make sure the final document follows Virginia's requirements for signing and witnessing. Virginia's general electronic-transactions law recognizes electronic records and electronic signatures, but it specifically excludes transactions governed by laws concerning the creation and execution of wills.
In other words, you should not assume that an electronic signature or an online document automatically replaces the formalities required for a will in Virginia.
Virginia Property Laws
In Virginia, property is generally classified based on ownership and other circumstances, and the way an asset is titled can affect what happens to it after someone’s death.
Virginia is a common law property state, not a community property state, meaning property is generally owned individually based on how it's titled, rather than being automatically shared between spouses. A will lets you direct how your property is distributed, but not every asset passes according to a will. However, not every asset necessarily passes according to the instructions in a will. Certain assets may pass through beneficiary designations, joint ownership, or other arrangements outside the probate estate.
Virginia Probate
Having a valid will does not necessarily mean that an estate will avoid probate. A will generally identifies how the testator wants probate assets distributed and can nominate the person who should administer the estate, but wills are still subject to probate.
Virginia has procedures for administering smaller estates, valued under $75,000. For example, certain personal property may qualify for Virginia's small-estate affidavit procedure when the statutory requirements are satisfied.
The probate process can vary depending on the type and value of the property, whether there are debts or disputes, and how the deceased person's assets were owned.
Avoiding Probate in Virginia
Because probate can be a time-consuming process, some people choose to plan their estate in a way that allows assets to pass outside probate. Here are some options to consider.
- Put your assets in a revocable living trust. A revocable living trust can allow you to manage your property during your lifetime while providing instructions for how the property should be distributed after your death.
- Name beneficiaries on financial and retirement accounts. Certain accounts can pass directly to the people you name as beneficiaries rather than through the probate process.
- Use appropriate beneficiary or transfer arrangements for property. Depending on the type of asset, Virginia law may provide ways for property to transfer outside of a traditional probate process.
- Establish joint ownership when appropriate. Certain forms of joint ownership can allow property to pass automatically to a surviving owner, depending on how the property is titled and the applicable law.
A valid online will can be an important part of an estate plan, but it is important to understand which assets your will actually controls and whether additional estate-planning documents are appropriate.
Want to learn more about trusts in Virginia? Check out this article.
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