Last Will and Testament in Virginia: A Review
- MobileNotarybyDerrickSpruill
- Jul 11
- 9 min read
Hey, everybody, welcome to another Deep Dive.
And today, we're going to be looking at something most people don't really want to think about, but super important, wills.
Yeah.
We've got a YouTube video by a Mobile Notary, a sample will, and an informative website to help us break it all down.
Right.
Specifically, how to use a Mobile Notary for your last will and testament.
I think that will be helpful for a lot of folks.
Yeah, I think it'll be more interesting than it sounds.
And you might even end up feeling like relieved by the end of this.
That's the goal.
Let's jump in.
Sounds good.
So one of the things that really surprised me getting into all this material, is that a lot of people think you have to have your will notarized.
Turns out that's not always true.
Yeah, it's actually, it's a really common misconception.
Is it really?
Yeah.
Interesting.
A lot of people think it's just a standard requirement, but it really depends on where you live.
Oh, okay.
So different states have different laws.
Exactly.
Some states require notarization for a will to be valid.
Some say it's optional, and some, believe it or not, might even invalidate a will if it's notarized when it shouldn't be.
Whoa.
Yeah.
That's crazy.
It's one of the things that Mobile Notary Derrick really emphasizes in his YouTube video, just checking your state's laws.
So that's like the first step.
Yeah.
Figure out what your state says before you even get a notary or anything.
Exactly.
Okay.
So that makes sense.
But then, let's say your state doesn't require it, are there still good reasons to get your will notarized?
Oh, absolutely.
Okay.
Even if it's not legally required, there's this thing called a self-proving affidavit.
A self-proving what?
Affidavit.
Okay.
Now, I'm not a legal expert, so that sounds intimidating.
Can you break that down?
Like, what does that even mean?
Sure.
So basically, think of it like this.
Imagine it's, you know, years down the road, and unfortunately, you've passed away.
Okay.
Your family's now going through probate.
The court needs to validate your will.
Traditionally, they'd have to track down the witnesses who were present when you signed the will to prove it was actually you, and you were of sound mind when you signed it.
Yeah, that makes sense.
But after years have passed, finding those witnesses can be so difficult, you know?
Yeah, I can imagine people move, lose touch.
Exactly.
They might not even be around anymore, unfortunately.
Right.
So that's where the self-proving affidavit comes in.
Okay.
Having one attached to a notarized will basically confirms your identity, your intent to sign, the validity of the witness signatures, all at the time of signing.
So you're basically doing all that legwork up front.
Exactly.
So there's no need to like scramble to find people years later and potentially hold up the whole process.
And this affidavit, is that something that the notary helps you with?
Well, the notary's presence and their seal basically make that affidavit official.
Okay.
And it's mentioned, this concept is mentioned both in the YouTube video and also on the Mobile Notary Derrick website.
Okay.
And this could really save families a lot of hassle, I imagine.
Oh, yeah.
Especially like during an already difficult time like dealing with probate.
Exactly.
Okay.
This is making a lot more sense now.
And speaking of the will itself, like the actual document, I'm looking at our sample will here, and I'm noticing there are sections labeled testamentary affidavit and witness signature.
Is that where this notarization stuff all comes together?
Yes.
Those are key sections when it comes to notarization.
That testamentary affidavit section, that's basically a legally binding statement under oath from you and your witnesses.
It basically just proves right then and there that everything was done by the book.
If anyone ever challenges the will later, there's already a record of everything thanks to the notary's involvement.
It's like proof.
Exactly.
It's a huge safety net for your will.
That makes sense.
Basically, even if it's not required, getting your will notarized can really help prevent problems down the line.
Yes.
Exactly.
It's all about being proactive.
Absolutely.
It brings us to the role of a Mobile Notary.
Tell me about this Mobile Notary thing.
What's that all about?
So, a Mobile Notary, right, it really adds a layer of convenience, especially when we're talking about wills.
Okay.
Traditionally, if you wanted to get something notarized, you'd have to make an appointment at a bank or a lawyer's office.
Right.
Take time out of your day, arrange transportation.
Yeah, it can be a whole thing.
It can be a hassle.
Yeah.
Especially if you're dealing with health issues.
Right.
Or you have a really busy schedule or difficulty getting around.
Right.
Or all of the above.
Exactly.
But with a Mobile Notary, they come to you.
Oh, wow.
So you can have your will notarized from the comfort of your own home.
That's amazing.
Wherever is convenient for you.
That's so much easier.
It is.
Mobile Notary, Derrick, in his YouTube video, he talks about how this can be a game changer for folks who are home-bound or have mobility issues.
Yeah, I can totally see that.
Makes things a lot more accessible.
For sure.
So, we're talking about taking this whole process of dealing with wills and making it less stressful, more manageable.
Mobile Notaries really seem like a key part of that.
I think so.
It's this really interesting intersection of Mobile Notary services and these sometimes difficult topics.
It's all about removing barriers and making the process less intimidating.
Yeah, and it's almost like with a Mobile Notary, you're not just getting your document notarized, but you're also getting that layer of like personalized service.
Exactly.
Yeah.
It's a lot less transactional.
It feels more human.
Definitely.
I think the human touch is really important, especially when you're dealing with something as personal as a will.
It's not just about paperwork, it's about making sure your wishes are carried out.
Right.
It makes me think about what are some things that people commonly misunderstand when it comes to what you can actually put in a will?
That's a great question.
What kind of wishes are we talking about?
People often think they have complete freedom.
They can just dictate exactly how their assets are going to be distributed.
Okay.
But there are some limitations.
Right.
There are legal considerations.
That makes sense.
For example, in most places, you can't completely disinherit a spouse or dependent children.
So it's not as simple as like writing down anything you want.
Right.
So you really need to understand the legal framework before you even start thinking about specifics.
And that's where having a lawyer involved could be really important, I imagine.
Oh, absolutely.
Consulting with an attorney is a good idea because they can walk you through everything, make sure your will is legally sound, address any specific concerns you might have.
So it sounds like we're talking about two different things then.
Like, you've got the notary piece of it, but then you also got the legal advice piece of it.
Exactly.
Yeah.
Do they overlap at all?
They do work together, but they are distinct roles.
Okay.
The mobile notary can handle the notarization, but they're not qualified to provide legal advice.
Okay.
So that's something important to keep in mind.
So would you say, like, a good approach would be to first talk to a lawyer?
Yeah.
Get everything drafted.
And then have the mobile notary come in to handle the signing, the notarizing, the official part of it.
That's a great approach.
Like a two-step thing.
Exactly.
You're covered on both the legal and the logistical fronts.
Okay.
That makes sense.
Wow.
We've covered a lot.
We talked about state laws, that affidavit thing, the role of mobile notaries.
Yeah.
We've been busy.
I feel like I've got a much better grasp on this whole thing now.
Good.
I hope so.
And I'm sure our listeners do too.
Hopefully.
So speaking of our listeners, it seems like having that mobile notary option could actually encourage more people to get their wills done.
That's a great point.
Right.
Because it makes it so much more accessible.
Yeah, absolutely.
Because sometimes it's the logistics that really hold people back.
Totally.
And if you know you don't have to rearrange your whole schedule or travel somewhere, it just feels less daunting.
Right.
So yeah, I think that could definitely make a big difference.
So what would you say to someone out there listening who's been putting off creating a will?
Well, I would say, you know, don't think of it as dwelling on the morbid or anything like that.
Okay.
It's about taking control of your legacy, you know?
Right.
And making sure your loved ones are protected.
It's kind of a gift to them in a way.
Exactly.
Okay.
It's about peace of mind for both you and the people you care about.
That makes a lot of sense.
And with the convenience of these Mobile Notary services, there's really no excuse anymore.
It's so true.
Like, no more excuses.
No more excuses.
Okay.
I love that.
So it's really about shifting your perspective, right?
Yeah.
From something I have to do to something I'm choosing to do for myself and my family.
Exactly.
I like that.
Yeah.
It's empowering.
Yeah.
And remember, even if your state doesn't require it, that self-proving will.
Right.
Big benefits.
And save a lot of trouble later on.
Definitely.
Man, I feel so much more informed now after having this conversation.
Me too.
And I bet our listeners do too.
I hope so.
What do you say?
We'll take a quick break and come back to talk about something else related to all this that I bet folks haven't even considered.
I like where this is going.
All right.
We'll be right back.
All right.
So we've talked about all the logistics, like the steps involved with a Mobile Notary and Your Will.
But I feel like there's this other layer to it that we haven't really touched on.
Yeah.
What are you thinking?
Well, we keep saying like, peace of mind.
But it feels like it goes deeper than just like avoiding legal issues later.
It's almost like having a will in place, especially if it's done right, can be kind of emotionally freeing.
That's a great point.
It's not just about checking boxes.
It really is a way to like express your wishes and make sure your loved ones are taken care of when you're gone.
It's about taking control of your legacy.
Yeah.
Like all that worry and uncertainty about what will happen.
Right.
It becomes something concrete, something you can actually do something about.
It's powerful.
Yeah.
Right.
It's not about being morbid.
It's about taking responsibility.
Yeah.
And just knowing you've done what you can to protect the people you care about.
It's almost like a final act of love in a way.
I love that.
You're making sure everyone's taken care of even when you're not there.
Yeah.
A final act of love.
That's beautiful.
That really captures what a will is all about.
And maybe even more than that, it's like facing something a lot of us don't really want to think about, you know?
Yeah.
Our own mortality.
That's deep.
Right.
Yeah.
But creating a will, it kind of forces you to confront that and then make choices that really reflect what matters to you most.
It's not just practical.
It's about your values.
Clarifying your priorities, thinking about the legacy you want to leave.
So it's really a statement about like who you are and what you believe in.
Exactly.
And that's why this whole Mobile Notary piece is so powerful, I think.
It's not just the convenience factor.
It's having somebody there who understands how important this is and can guide you through it with sensitivity.
It's like having a partner in the process.
Right.
Someone to help you get it right.
Exactly.
Well, I think we've covered everything we wanted to today.
Yeah.
State laws, the affidavit, Mobile Notaries.
Lots of good stuff.
The emotional side of it too.
Yeah.
Hopefully, our listeners feel a lot more informed and ready to tackle this.
I hope so.
It's an important topic that can be pretty overwhelming for folks.
Absolutely.
But it doesn't have to be.
No, not at all.
Remember, creating a will, it's an act of love, it's a way to protect your loved ones and make sure your wishes are honored.
Don't let fear or procrastination stand in your way.
Take charge.
Secure your peace of mind today.
Well said.
That's a perfect way to end it.
And that is our deep dive.
Thanks for joining us.
Always a pleasure.
We'll be back next time with another topic, ready to break it all down.
Until then, stay curious.
Keep exploring.
And remember, the best deep dives are the ones we take together.
See you next time.
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