A will gives you control over who receives your property, appoints an administrator to manage your estate, and lets you name guardians for minor children. It can reduce family disputes, clarify your intentions for personal and real property, and make the probate process more efficient for heirs and beneficiaries under Virginia law.
A broad plan lets you specify not only who receives assets but how and when distributions occur, such as staggered inheritances or trust structures for minors. This level of direction helps protect assets from premature depletion and ensures that distributions support long‑term family goals and beneficiary needs.
Hatcher Legal offers attentive service, clear communication, and practical legal documents designed for Virginia residents. We focus on drafting wills that reflect client priorities, explaining trade‑offs, and ensuring proper execution to meet state requirements. Predictable fee structures and straightforward guidance make planning easier for families.
Store the original will in a secure location and let your personal representative know where to find it. Periodic reviews—after marriages, births, divorces, or major asset changes—help keep documents current. We offer review meetings and updates to ensure your plan remains aligned with your goals and legal changes.
If you die without a will in Virginia, intestacy rules determine how your estate is distributed according to state law, which may not reflect your personal wishes. The court will appoint an administrator to manage the estate and distribute assets to relatives in a statutory order that prioritizes spouses and descendants. Without a will, there is no nominated personal representative or guardian for minor children, and decisions will be made by the court or family members. Creating a will lets you specify beneficiaries, name a reliable administrator, and provide for any special circumstances that intestacy rules cannot address.
Select a personal representative who is organized, trustworthy, and willing to handle administrative tasks, such as notifying creditors, filing tax returns, and distributing assets. Consider someone who understands family dynamics and can navigate legal and financial obligations, and name an alternate if your first choice is unavailable. Discuss the role with the person you nominate so they are prepared to act. Also consider geographic proximity and their ability to manage paperwork or hire professionals when needed. Clear naming in your will helps streamline the probate process under Virginia law.
Yes, you can change your will after signing by creating a new will that expressly revokes the prior one or by executing a codicil that amends specific provisions. Proper formalities must be followed for any change to be effective under Virginia law, including valid signatures and witnesses. It is advisable to review major life changes, such as marriage, divorce, births, or significant asset transfers, and update documents accordingly. We assist clients in making clear, properly executed updates to avoid ambiguity or conflicts during probate.
Virginia does not require notarization for a will to be valid, but using a notarized self‑proving affidavit at execution can simplify probate by allowing the will to be admitted without live witness testimony. The affidavit confirms the identity of the testator and witnesses and is often recommended to expedite administration. During signing, we can arrange witnesses and a notary for a self‑proving affidavit when appropriate. Taking these steps reduces delays in probate and provides greater certainty for beneficiaries and the personal representative.
A will does not avoid probate; rather, it governs the distribution of probate assets and appoints the personal representative who will administer the estate. Assets that pass by beneficiary designation, joint ownership, or trust terms generally avoid probate, and smart coordination can reduce the amount of property that must go through court supervision. A comprehensive estate plan that combines wills with trusts and beneficiary forms can minimize probate and lower administration costs. We evaluate asset titles and recommend strategies to achieve smoother transfers while honoring your distribution preferences.
You should review your will after major life events such as marriage, divorce, the birth or adoption of children, significant changes in assets, or the death of a named beneficiary or personal representative. Regular reviews every few years can catch changes in family circumstances and legal developments that affect estate plans. Updating documents prevents unintended outcomes and keeps your instructions aligned with current relationships and assets. We offer periodic reviews and can recommend amendments or a new will when changes are needed to reflect your intentions accurately.
Yes, you can leave property to beneficiaries who live abroad, but international transfers can raise practical and tax considerations, including differing probate rules, currency issues, and potential estate or inheritance taxes in foreign jurisdictions. Coordination with advisors familiar with cross‑border issues can help avoid complications. It is important to ensure that the will’s provisions are clear and that the personal representative has authority to transfer foreign assets. We work with clients to draft language that anticipates international matters and to coordinate with foreign counsel when appropriate.
A will directs distribution of probate assets and appoints a personal representative, while a trust is a separate legal arrangement that can hold assets and permit management or distribution without probate. Trusts can provide ongoing asset management, privacy, and specific controls over timing and conditions of distributions. Both tools serve different purposes and are often used together. Trusts are useful for avoiding probate and managing assets after incapacity, while wills are essential for guardianship nominations and probate‑only assets. We help determine which combination best meets client goals.
A will allows parents to nominate a guardian to care for minor children if both parents are deceased or unable to act. The nomination guides the court and provides clarity about who should assume responsibility for the child’s living arrangements and welfare. Estate provisions can also establish trusts to manage assets for the child’s benefit. Naming a guardian and providing clear financial instructions reduces uncertainty and potential disputes. Discussing these choices with nominated guardians in advance and creating complementary trust arrangements can ensure smoother transitions and ongoing support for the child.
Beneficiary designations on accounts such as retirement plans, life insurance, and payable on death accounts transfer assets directly to named recipients outside of probate, so they override contrary provisions in a will for those specific assets. It is important to coordinate beneficiary forms and your will to avoid conflicting instructions that could lead to disputes. Regularly review beneficiary designations after life events to ensure consistency with your overall estate plan. We assist clients in aligning beneficiary forms, account titling, and will provisions to achieve the intended distribution outcomes.
