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The will should be probated in the circuit court in the county or city where the decedent resided at the time of death. If the decedent had no known place of residence, the will should be probated where the decedent owned any real estate, or if none, where the decedent died or has any estate.
A will must be filed with the court in the county where the deceased person lived before their death. Even if the estate doesnt go through probate, the will must be presented to the court. The court will determine whether the will is valid, especially if someone contests it.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testators presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.
5) Virginia allows for handwritten, or holographic, wills. Such wills must be written entirely in your own handwriting and signed and dated by you; they do not need to be witnessed.
Any mentally competent person who is at least eighteen years old may make a will. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid.
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Similar to the intestate succession laws of most states, spouses in Virginia are given hefty rights to inheritance. First and foremost, if you die leaving solely a surviving spouse behind without children, they will receive your entire estate.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testators presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.
A joint will is like an irrevocable contractonce the first spouse passes away, the second spouse cannot change the joint will even if circumstances have changed.
Editors Note: Joint wills are generally no longer accepted in Virginia. This means that you should rewrite your joint will into two separate wills if you move to Virginia from another state.
Any mentally competent person who is at least eighteen years old may make a will. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid.

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