A will directs the distribution of assets, names an executor, and can designate guardians for minor children, providing a clear roadmap for your estate. This reduces the likelihood of family disputes, accelerates asset transfer, and gives you control over final wishes while helping beneficiaries navigate probate with documented intent.
When documents are coordinated, you retain more control over how and when beneficiaries receive assets, whether through outright distributions, staged distributions, or trust provisions. Clear instructions reduce ambiguity and provide mechanisms to protect inheritances from creditors or mismanagement.
Clients rely on Hatcher Legal for straightforward advice grounded in state law, careful drafting, and responsive client service. We prioritize clear communication, timely follow-up, and practical solutions that align with each client’s priorities, whether planning for family protection, business succession, or asset preservation.
Life changes can alter your intentions, so we recommend periodic reviews and updates after key events. Regular maintenance keeps beneficiary designations aligned, accounts properly titled, and guardianship or executor choices consistent with your current wishes and family circumstances.
A will directs distribution of property after death and names an executor and guardians, while a trust holds assets for beneficiaries and can avoid probate for assets transferred into it. Trusts can offer privacy and continuous management after death, whereas wills are public when administered through probate. Choosing between a will and a trust depends on asset complexity, privacy preferences, and whether probate avoidance is a priority. For many people, a will plus targeted trusts for specific assets provides a balanced approach that addresses distribution, guardian appointments, and efficient estate settlement under Virginia law.
Select an executor who is trustworthy, organized, and capable of managing financial matters and communication with beneficiaries. The executor will handle paying debts, filing taxes, and distributing assets, so consider someone willing to serve and who understands the responsibilities involved, or name a professional fiduciary if needed. Discuss your choice with the person before naming them, and consider backup executors in case the first cannot serve. Clear instructions in your will and accessible records make administration easier and help the executor fulfill duties more efficiently for the benefit of beneficiaries.
Yes, you can update or revoke your will at any time while you have the legal capacity to do so. Amendments are typically made through a codicil for small changes or by executing a new will to replace the prior one; the new document should state it revokes prior wills to avoid confusion. It is important to follow Virginia’s formalities when making amendments, including proper signing and witnessing, to ensure enforceability. Review beneficiary designations and related documents after changes to ensure they remain consistent with your updated intentions.
A living trust can handle distributions for assets it holds and can avoid probate for those items, but a will remains important to address assets not transferred into the trust and to name guardians for minor children. A pour-over will is commonly used to direct any remaining assets into the trust upon death. Even with a trust, coordinating beneficiary designations and account ownership is essential to avoid unintended probate. Regular review ensures that newly acquired assets are titled correctly or added to the trust as appropriate to maintain the intended plan.
Virginia offers simplified procedures for small estates under certain thresholds, which can streamline probate and reduce court involvement. Eligibility depends on the total value of assets subject to probate and the specific types of property involved, so it is important to verify current limits and rules. When a small estate procedure applies, paperwork and administrative steps are typically reduced, allowing beneficiaries to receive assets more quickly. If the estate exceeds the small estate threshold or includes disputes, a formal probate administration may be required to resolve claims and distribute assets.
Dying without a will, known as intestacy, means state law determines who inherits assets and in what share, which may not align with your personal wishes. Intestacy rules prioritize spouses, children, and other relatives in a prescribed order, and can leave out friends or charities you might have preferred to include. Without a will to name an executor or guardians for minors, the court will appoint administrators and guardians, which can create delays and added costs. Creating a will lets you designate trusted individuals and set clear directions for your estate and family.
You designate guardians for minor children in your will by naming primary and alternate guardians who would assume custody and care if both parents are deceased. Including trust provisions to manage assets for a child’s support can provide a structured financial plan while a guardian handles day-to-day care. Discuss guardian choices with the persons you name and consider their willingness and ability to care for your children. Regularly review these selections as family circumstances change to ensure the nominated guardians remain appropriate and available to serve.
A will can include directions regarding digital assets and online accounts, but practical management often requires separate instructions and access information for executors or digital fiduciaries. Some online services have specific policies for account transfer or memorialization, so combining a will with a digital asset inventory is wise. Keep passwords and instructions secure and update them periodically. Consider appointing a trusted person with clear legal authority, such as through a power of attorney or written authorization, to access and manage digital accounts consistent with your privacy and security preferences.
Including funeral and burial preferences in your will is possible, but because wills are often read after the funeral, it is better to communicate those wishes separately in a letter of instruction or advance directive. Providing specific guidance to family members in advance helps ensure your preferences are followed promptly. You can also nominate a person responsible for carrying out funeral arrangements and provide prepayment or detailed instructions to reduce ambiguity. Combining clear directives with designated decision-makers helps reduce stress for loved ones during a difficult time.
Review your will and related estate documents every few years and after significant life changes such as marriage, divorce, births, deaths, or major financial events. Regular reviews ensure beneficiary designations, executor or guardian choices, and asset lists accurately reflect your current intentions and circumstances. Keeping documents up to date reduces the risk of unintended distributions and helps streamline probate and administration when the time comes. If you move to another state, review your plan for any differences in state law that could affect enforceability or required formalities.
