Creating a clear will helps ensure that personal belongings, real property, and financial accounts transfer according to your wishes. It reduces uncertainty for loved ones, can speed the probate process, and allows you to name trustworthy fiduciaries to manage settlement tasks and represent family interests in any required court proceedings.
With a comprehensive plan, you can determine not only who receives assets but also when and under what conditions, helping protect inheritances for younger beneficiaries, support educational goals, or phase distributions to reduce sudden financial burdens.
Hatcher Legal assists clients by explaining legal options, drafting cohesive wills and related documents, and coordinating plans with business, tax, and family considerations. We focus on clear documentation that meets Virginia legal standards while reflecting each client’s unique circumstances.
We encourage clients to review their wills after major life events and offer follow up services to amend or restate documents as needed, keeping plans current with changing assets, family situations, and applicable legal developments.
A will is a testamentary document that directs distribution of probate assets, names an executor, and can appoint guardians for minor children, while a trust can hold assets during life and at death to provide more privacy and potentially avoid probate. Trusts may be useful for ongoing management of assets for minors or vulnerable beneficiaries. A trust often requires more initial work to fund and maintain but can streamline asset transfer outside of probate and preserve confidentiality. A will remains important to handle any assets not placed in a trust and to provide guardianship nominations and specific bequests that complement your broader plan.
To name a guardian for minor children, include a clear nomination in your will specifying the person you trust to care for your children and any contingent guardians in case your first choice is unable to serve. Be specific about roles and, where appropriate, include directions about financial management or caregiving preferences. Discuss potential nominees with family members to ensure willingness to serve and to reduce surprises. A court must approve a guardian appointment, but a parent’s nomination in a valid will carries significant weight and helps the court follow parental intent during guardianship proceedings.
Yes, you can update or revoke a will at any time while you have the legal capacity to do so. This can be accomplished through a formal amendment called a codicil, or by drafting and executing a new will that expressly revokes prior wills, ensuring changes are clear and legally effective under Virginia requirements. It is important to follow formal signing and witness requirements when making changes to avoid later challenges. Consult with counsel to confirm that updates align with other estate planning documents and beneficiary designations to prevent inconsistencies that could complicate probate.
Assets that pass through probate typically include property titled solely in the decedent’s name, personal property, and accounts without a designated beneficiary or joint owner. Assets held in joint tenancy, with beneficiary designations, or in certain types of trusts usually pass outside probate according to contract or trust terms. Reviewing account titles and beneficiary forms helps identify which assets will be handled by probate and which will transfer directly. Planning can minimize probate assets through beneficiary designations and trust funding, reducing time and cost for loved ones during estate settlement.
Probate timelines vary based on estate complexity, creditor issues, and whether the will is contested. In Accomack County, straightforward estates may move through the administration process in several months, while more complex matters involving real property, business interests, or disputes can take a year or longer to fully resolve. Early organization and preparedness, such as having a clear will, an inventory of assets, and responsive beneficiaries, can help speed administration. Promptly filing required documents and cooperating with court instructions reduces delays, and legal guidance can help manage filings and communications efficiently.
If someone dies without a valid will in Virginia, the state’s intestacy laws govern who inherits and in what shares, which may not reflect the decedent’s actual wishes. Typically, relatives such as a surviving spouse, children, parents, or siblings inherit according to statutory priority rules, potentially excluding chosen friends or charitable intentions. Intestacy can lead to outcomes that surprise family members and create additional court proceedings to appoint an administrator. Creating a will avoids reliance on default rules and gives you control over distribution, guardianship decisions, and appointments for estate administration.
Choose an executor who is trustworthy, organized, and willing to handle responsibilities including inventorying assets, filing the will in court, paying debts and taxes, and distributing property. Consider proximity and availability, and name alternates in case your first choice is unable or unwilling to serve. Discuss the role with potential executors in advance so they understand the duties and can prepare for potential administrative tasks. Clear instructions and documentation, along with professional support when needed, help executors fulfill their obligations efficiently and reduce family tensions.
While it is legally possible to draft a will without a lawyer, professional guidance helps ensure documents meet Virginia formalities, accurately reflect intentions, and coordinate with beneficiary designations and other estate planning instruments. Legal assistance can reduce the risk of invalid provisions or ambiguous terms that lead to disputes. A lawyer can also advise on how to structure the will alongside trusts, powers of attorney, and healthcare directives, and assist with execution to meet witness and signature requirements. For complex estates or business interests, legal guidance is particularly valuable to address potential tax or probate complications.
Beneficiary designations on retirement accounts, life insurance, and payable on death accounts generally control transfer of those assets and supersede will provisions for those specific accounts. It is important to align beneficiary forms with your will to avoid inconsistent instructions that could cause unintended distributions or require additional court involvement. Regularly reviewing beneficiary designations after major life changes ensures that account transfers reflect current intentions. Coordination between account forms and testamentary documents helps create a predictable plan for asset transfer and reduces the portion of the estate subject to probate.
Immediately after a loved one dies, locate and secure the decedent’s estate planning documents, including the will, trust papers, and powers of attorney, and notify close family members. Contact the court clerk in the relevant jurisdiction to inquire about probate filing requirements and preserve financial records to assist in administration. Engage an attorney if needed to file the will for probate, notify creditors, and begin the inventory process. Timely steps and organized documentation facilitate efficient estate administration, help meet legal deadlines, and reduce stress for family members during an already difficult period.
