Do Wills Need to Be Notarized in Virginia?

In Virginia, a will can be legally valid without being notarized. The law focuses on whether:

• The person making the will (the testator) had capacity and intent.
• The will was properly signed.
• Required witnesses were present for a typed/attorney-prepared will.

That said, many Virginians choose to add a notarized document called a Self-Proving Affidavit. This affidavit is signed by the testator and witnesses in front of a notary public. It does not change the will itself — but it makes the will easier to prove in court after death.

When a will includes a Self-Proving Affidavit, the local probate court usually does not have to locate and question your witnesses later. This can save your family time, stress, and extra legal steps during an already difficult moment.

Estate Planning Documents That Commonly Require Notarization

While the will itself may not be notarized, several related estate planning documents do typically require notarization in Virginia. These documents help clarify your wishes about health care, finances, and end-of-life decisions:

• Self-Proving Affidavits for Wills – Attached to your will to confirm it was properly signed and witnessed, making probate smoother for your family.
• Advance Medical Directives – Combine a living will and health care instructions, letting you state your preferences for treatment if you cannot speak for yourself.
• Living Wills – Focused on end-of-life care, such as life support, resuscitation, and comfort care.
• Health Care Power of Attorney – Appoints someone you trust to make medical decisions on your behalf if you are unable to do so.
• Financial (Durable) Power of Attorney – Authorizes an agent to handle banking, property, and financial matters for you, either immediately or if you become incapacitated.

These documents are powerful because they give other people legal authority to act for you. Proper notarization helps banks, hospitals, and courts trust and accept them without delay.

Best Practices Before Your Notary Appointment

When you’re dealing with wills and estate planning documents, a little preparation before your appointment in Fredericksburg, Stafford, or Spotsylvania goes a long way:

• Review your documents carefully – Read every page beforehand so you understand what you’re signing and can ask any questions of your attorney.
• Bring valid ID for all signers – Each person who must sign in front of the notary will need acceptable photo identification under Virginia law.
• Confirm whether witnesses are required – Many wills and affidavits require one or more witnesses. Ask your attorney or the document preparer how many are needed and whether they must be disinterested (not named in the will).
• Coordinate everyone’s schedule – For wills, self-proving affidavits, and some powers of attorney, the testator and all witnesses may need to be present at the same time.
• Do not sign early – Unless your attorney gives different instructions, wait to sign any notarized pages until the notary tells you to do so. Some documents require signatures to be made in the notary’s presence.

If you’re unsure about any of this, you can always call FXBG Notary ahead of time so we can walk you through what to expect at the signing.

Why Professional Notarization Matters

Wills and estate planning documents are among the most sensitive and legally powerful papers you will ever sign. A mistake in how they are executed or notarized can lead to:

• Delays in probate while the court sorts out what happened.
• Family disputes over whether the documents are valid or truly represent your wishes.
• Extra legal costs to fix or challenge improperly executed paperwork.

Professional notarization helps prevent these problems. By verifying identity, ensuring signatures are made correctly, and completing accurate notarial certificates, a notary public adds a layer of protection for both you and your loved ones.