“Can I sign my will online?” It’s a reasonable question. You can handle so much of life on a screen these days, and Virginia allows remote online notarization for certain documents.
But a will has its own rules. As of October 2026, Virginia does not allow you to execute an electronic will. For an ordinary written will, the testator and two competent witnesses must meet the requirements in Virginia Code § 64.2-403. Remote witnessing over Zoom or a similar video call does not satisfy that rule.
Here’s what the law requires, what happened to a bill that could have changed it, and what you can do to put a valid plan in place today.
What Virginia requires for a valid will
Virginia’s will-execution law is specific. Under Virginia Code § 64.2-403, an ordinary written will must be signed by the person making it, the testator, or signed for them in their presence and at their direction.
At least two competent witnesses must be present at the same time when the testator signs or acknowledges the will. The witnesses must then sign the will in the testator’s presence.
That means the law calls for people to be physically together for the will’s execution. An electronic signature, a document signed and witnessed entirely online, or two witnesses attending remotely by video does not meet the ordinary will-execution requirements in § 64.2-403.
This is one reason the signing meeting matters. A well-written will can still create problems if it is not executed in the way Virginia law requires. It’s worth checking the signing process, not just the language in the document.
HB 133 came close, but did not become law
Virginia lawmakers considered changing the rules in 2026. House Bill 133, sponsored by Delegate Marcus Simon, would have codified the Uniform Electronic Wills Act (UEWA).
The bill would have created a path for electronic wills, with specific requirements for signing, witnesses, and electronic notarization. It also would have allowed advance medical directives to be signed and notarized electronically.
HB 133 gained strong support in the House. It cleared the House Courts of Justice committee unanimously with a substitute, 19–0, and then passed the full House 98–0.
But the bill did not make it through the Senate. In February, the Senate Courts of Justice committee defeated it, 6–8–1. It never reached the governor, so it did not change Virginia law.
A bill’s progress through one chamber can be encouraging, but it does not make the proposal law. For now, the existing will-execution requirements remain in place.
What is allowed electronically?
Virginia does permit remote online notarization. In a remote online notarization, a signer and notary can connect electronically instead of meeting in person, following the applicable rules. Virginia’s notary statutes recognize remote online notarization, and § 47.1-13 addresses Virginia notarial powers and electronic notarial acts.
That can be useful for certain estate-planning documents, including a power of attorney, when the document and the relevant legal requirements allow it. But notarization and will execution are different things. A remote online notary does not replace the two witnesses Virginia requires for an ordinary will, and the availability of remote notarization does not make an electronic will valid.
It also helps to separate two ideas that can sound similar:
- Preparing a document electronically: You create or fill out a document on a computer.
- Executing a document electronically: You sign and complete the legal formalities using electronic methods.
Preparing a will online does not necessarily mean it was validly executed online. For example, a document created using an online service may be printed and then signed with the witnesses physically present. Whether that process meets the legal requirements depends on the details.
Why online claims can be confusing
You may see websites suggest that electronic wills are available everywhere or that remote notarization makes online will signing valid. Those statements can blur important distinctions.
A service might be describing the law in another state, a proposed law such as HB 133, or the ability to prepare a document online, not the rules Virginia currently applies to executing a will. Remote online notarization is real in Virginia, but it does not override the separate requirements in § 64.2-403.
Before relying on an online service, look closely at what it actually says about Virginia. Does it explain that the testator and two witnesses must be physically together for an ordinary will? Does it distinguish document preparation from execution? If the answers are unclear, pause and get guidance before assuming your will is valid.
What to do today
If you want a will in Virginia, focus on getting both the document and the signing process right.
- Use a written will. Don’t assume an electronic signature or a video call with witnesses satisfies Virginia’s current rule.
- Have two competent witnesses present together. Make sure the testator and witnesses follow the signing and acknowledgment requirements in § 64.2-403.
- Plan the signing, not just the paperwork. Everyone involved should understand what they need to do before the meeting.
- Consider how your will fits into your broader estate plan. A will is important, but it may not address every question about managing assets or handling affairs during incapacity.
Some people also consider a revocable living trust. Think of it as a box with no lid: you can put assets into it during your lifetime and retain the ability to make changes, subject to the trust’s terms. Because you can leave assets out of the box, we recommend pairing a trust with a pour-over will. That will can direct certain assets left outside the trust into it at death, although those assets may still need to go through probate.
A trust and a will do different jobs, and the right approach depends on your family, assets, and goals. Our estate-planning services page explains some of the planning tools available.
Watch this space
The Uniform Electronic Wills Act continues to be introduced in states around Virginia, and HB 133’s 98–0 House vote shows the proposal had substantial support in that chamber. It is reasonable to keep an eye out for the issue in the 2027 session.
But a possible future bill is not a change in today’s law. Until Virginia enacts a law authorizing electronic wills, the current requirements for an ordinary will remain in effect.
If you’re unsure whether your will was signed correctly, or want help deciding what kind of estate plan fits your situation, we’d be glad to talk it through. Contact Don Shaw Law to discuss your next step.
