A properly drafted will provides clarity about asset distribution, reduces uncertainty among heirs, and nominates a trusted personal representative to manage estate administration. Wills also enable you to name guardians for minor children and provide directions for funeral arrangements, which can be especially important for families with blended households or complex asset structures.
Using trusts alongside wills and organizing beneficiary designations can limit the assets subject to probate, potentially reducing time in court and administrative expenses. Streamlining asset transfer procedures benefits heirs by delivering property sooner and minimizing legal fees and court involvement during estate settlement.
Hatcher Legal focuses on clear, actionable estate planning that aligns with clients’ financial and family goals. The firm helps clients create legally valid wills that reduce confusion and set out practical administration steps to support efficient probate and minimize disputes among heirs.
After signing, we discuss secure storage solutions, whether to keep the original with the firm or in another safe location, and advise on who should receive copies. We recommend review intervals and triggers for updates, such as marriage, divorce, births, or significant asset changes.
Dying without a will in Virginia triggers intestacy laws that determine asset distribution according to statutory rules rather than your personal wishes. Spouses, children, and other relatives may inherit under a preset formula, which can result in outcomes that differ from what you would have selected and may complicate family dynamics. Intestacy also means the court will appoint a personal representative to administer the estate, potentially increasing time and expense. Creating a will lets you specify beneficiaries, appoint a personal representative you trust, and designate guardians for minor children, giving you control over post-death arrangements.
It is wise to review your will periodically, typically every three to five years, and after major life events like marriage, divorce, births, deaths, or significant changes in assets. Regular reviews help ensure beneficiary designations and distribution plans remain aligned with current family circumstances and financial realities. Updates may be necessary to reflect new property, business interests, or changed relationships. A review also ensures the will conforms to any relevant changes in state law and that complementary documents like powers of attorney and advance directives remain in sync with your overall estate plan.
Yes, you can name a guardian for minor children in your will to indicate who should care for them if both parents are unavailable. This designation expresses your preference to the court for a child’s custodian and can be accompanied by instructions for financial support and trust arrangements for the child’s inheritance. While the court reviews the appointment, naming a guardian reduces uncertainty and guides decision makers during a difficult time. Consider naming alternates and discussing preferences with the proposed guardian to ensure they are willing and prepared to serve if needed.
A personal representative, sometimes called an executor, is responsible for managing estate administration tasks such as collecting assets, paying debts and taxes, filing necessary court documents, and distributing property to beneficiaries according to the will. Choosing someone organized and trustworthy simplifies the probate process for beneficiaries. The personal representative must follow legal procedures and may be required to post bonds or provide inventory and accounting to the court. Naming alternates and discussing duties in advance helps ensure continuity if the primary choice cannot fulfill responsibilities when the time comes.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts generally control distribution of those assets regardless of will provisions. If beneficiary forms are outdated or conflict with the will, assets may pass outside probate according to the named beneficiaries, so consistency between documents is essential. Reviewing and updating beneficiary designations when drafting or revising a will prevents unintended transfers and helps the overall estate plan function as intended. Coordination between wills and beneficiary forms avoids surprises and reduces the likelihood of disputes at settlement time.
It is legally possible to create a will without an attorney, provided it meets Virginia formalities for signature and witnesses. However, DIY wills risk errors in language, improper execution, or oversights regarding tax, probate, or family law implications that can undermine your intentions during probate. Professional assistance helps ensure clarity, compliance with state requirements, and coordination with related planning documents. Legal guidance can be especially valuable in complex family situations, for business owners, or when significant assets or special bequests are involved.
Common mistakes include failing to update beneficiary designations, neglecting to name alternates for personal representatives or guardians, using ambiguous language that invites disputes, and not coordinating wills with trusts or account beneficiary forms. These oversights can prolong probate and create conflict among survivors. Other pitfalls include improper execution without required witnesses and not addressing digital assets or out-of-state properties. Careful drafting, coordination of documents, and periodic reviews reduce risk and help ensure the will operates as intended at the time of death.
Remarriage can affect existing wills depending on state law and the will’s language; in some cases, portion of the estate may pass to a new spouse by law unless the will explicitly accounts for that relationship. Reviewing your will after marriage helps ensure distributions and appointments reflect current intentions. Consider updating guardianship, beneficiary designations, and personal representative appointments after remarriage. Clear, revised documents prevent ambiguity and ensure both spouses’ and children’s interests are handled according to the testator’s current wishes.
Having a trust can avoid probate for assets properly funded into the trust, since those assets pass according to trust terms rather than through probate administration. A will remains important for assets not transferred into the trust and for nominating guardians for minor children and naming a personal representative if needed. A pour-over will can capture assets accidentally left outside the trust by directing them into the trust upon probate, but proactive funding and coordination reduce the need for probate and simplify the transfer process for beneficiaries and fiduciaries.
Bring a list of assets such as real estate deeds, account statements, insurance policies, retirement accounts, and business ownership documents to your first meeting. Also provide family information including names, relationships, and any prior estate planning documents to help assess current needs and identify beneficiaries. Be prepared to discuss who you trust to serve as personal representative and guardians for minor children, along with any specific distribution wishes or charitable goals. Clear documentation accelerates drafting and ensures initial recommendations align with your circumstances and objectives.
