A will ensures your property passes according to your instructions rather than state intestacy rules, protects dependent family members, and names who will manage the estate after your death. It can reduce conflict among heirs and provide a roadmap for settling debts and final affairs, making administration faster and less stressful for loved ones.
Using complementary tools can limit the probate estate or simplify administration for remaining assets, shortening timelines and lowering court costs. Clear beneficiary designations, trust funding, and detailed instructions in estate documents minimize ambiguity and streamline the settlement process for heirs and personal representatives.
Hatcher Legal combines estate planning knowledge with business law experience to create wills that reflect both personal and commercial priorities. We emphasize clarity, compliance with Virginia formalities, and coordination with powers of attorney and trust options to serve complex family and business situations effectively.
Life changes like marriage, birth, divorce, or major financial events often require updates. We recommend a review schedule and provide amendment options such as codicils or complete restatements to keep your will aligned with current wishes and legal developments.
A valid will in Virginia typically must be in writing, signed by the person making the will, and witnessed by two competent witnesses who sign in the testator’s presence. Virginia also recognizes self-proved wills when a notary is involved, which can simplify probate by reducing the need for witness testimony. Ensuring proper execution prevents contests and delays during probate. Clear testamentary intent and mental capacity at signing are important, so it is wise to work with counsel or follow formal signing procedures to avoid technical challenges later.
Yes, you can nominate guardians for minor children in your will to indicate who should assume custody and care if both parents are unavailable. Naming a guardian helps courts follow your preferences and avoids uncertainty by providing a clear starting point for family care decisions. It is also prudent to name an alternate guardian and to discuss your choice with the proposed guardian. Guardianship decisions involve both custody and financial oversight, and complementary provisions like trusts can provide financial management for minors until they reach a specified age.
Review your will after major life events such as marriage, divorce, the birth of children, significant changes in assets, or a move to a new state. These events can change who should inherit or who is best suited to serve as personal representative, and they may require updates to beneficiary designations. A periodic review every few years helps ensure consistency with current wishes and legal developments. Even if there are no major life changes, routine checks prevent outdated provisions from causing confusion during estate administration.
A will covers assets that pass through probate, but not all property. Assets held in joint tenancy, accounts with designated beneficiaries, and properly funded trusts generally transfer outside probate. Life insurance proceeds and many retirement accounts often bypass probate when beneficiaries are named. Because some assets avoid probate, a comprehensive plan reviews how property is titled and where beneficiary designations exist. Coordinating these elements with a will and related documents ensures assets pass according to your overall intentions rather than default rules.
A personal representative, sometimes called an executor, is responsible for managing the estate after death. Duties include filing the will with probate court, identifying and securing assets, paying debts and taxes, and distributing remaining property to beneficiaries according to the will’s terms. Choosing a trustworthy and organized personal representative reduces the risk of administration delays and disputes. The court supervises the process, and the representative must follow statutory procedures, provide inventories, and account for estate transactions as required by Virginia law.
Yes, you can change your will after it is signed by executing an amendment called a codicil or by creating a new will that expressly revokes earlier versions. It is important that any modification meets the same execution and witnessing requirements as the original will to ensure validity. Informal changes or handwritten notes may not be legally effective, so formal execution of amendments is recommended. After major life changes, consider a complete restatement of the will to avoid ambiguity and ensure all provisions work together coherently.
When someone dies without a valid will, their estate is distributed according to Virginia intestacy laws, which prioritize close relatives in a statutorily defined order. This can result in distributions that differ from what the decedent might have intended, and can complicate matters for blended families or nontraditional relationships. Without a will, courts also appoint the estate administrator and there is no nominated guardian for minor children. Creating a will avoids intestacy rules and provides the decedent’s chosen structure for asset distribution and care of dependents.
Trusts can be useful to avoid probate for certain assets, provide ongoing management for beneficiaries, and offer privacy and control over distributions. A revocable living trust allows for continuity of management during incapacity and can transfer assets without court involvement after death. However, trusts require proper funding and may not be necessary for all families. Deciding between a will and a trust depends on asset complexity, privacy concerns, and long-term management needs. Often a combination of documents provides the most practical solution.
Wills can direct the disposition of personal interests in a business but may not be sufficient to transfer operating control or ownership without complementary agreements. Business succession often requires operating agreements, buy-sell provisions, and properly titled ownership documents to work effectively when an owner dies. Integrated planning that aligns a will with business documents prevents unintended ownership transfers and supports continuity. Early coordination helps ensure that the business can continue operating and that value is preserved for heirs or designated successors.
Accompany your will with related documents such as durable powers of attorney for financial matters, advance medical directives, and beneficiary designation forms for retirement accounts and life insurance. These instruments address incapacity and non-probate transfers, providing a coordinated framework for end-of-life and post-death affairs. Keep a secure list of account numbers, deed locations, and contact information for key advisors. Clear record-keeping and document access instructions reduce delays and confusion for the personal representative and family members during administration.
