Now Serving
NC · MD · VA
A properly drafted will provides certainty about who inherits property, names a personal representative to manage estate administration, and can appoint guardians for minor children. This clarity reduces conflict, streamlines probate proceedings, and helps preserve family relationships by setting expectations in writing and providing a transparent road map for distributing assets under Virginia law.
Coordinating multiple planning tools allows you to direct exactly how and when assets transfer, protecting inheritances from unintended creditors or inefficient transfers. Tailored provisions such as trusts or staggered distributions can preserve family capital and ensure responsible stewardship of assets across generations.
Hatcher Legal blends business and estate planning knowledge to create wills that align with both personal and commercial needs. We prioritize clear drafting, careful coordination of related documents, and proactive communication so clients understand the choices they make and how each decision affects their estate and heirs.
We recommend scheduled reviews following major life or financial events to amend wills, update beneficiary designations, or create new trusts. These updates keep documents aligned with your goals, address changing tax considerations, and prevent outdated provisions from causing unintended consequences.
Virginia generally requires that a will be in writing, signed by the testator, and witnessed by two competent witnesses. The testator must have the capacity to understand the nature and effect of the will and must sign voluntarily without undue influence. Proper execution procedures reduce the risk of successful challenges to the document. It is also helpful to include clear beneficiary designations, identification of the personal representative, and any specific bequests or residuary clauses. Working with counsel during drafting can ensure formalities are observed and language is precise to reflect your intentions under Virginia law.
You should review your will after significant life events such as marriage, divorce, birth or adoption of children, acquiring or selling substantial assets, or changes in health or residence. These events can substantially change your intentions and the proper distribution of your estate, so timely updates maintain alignment with current wishes. Periodic reviews every few years are also prudent to confirm beneficiary designations remain current and to account for changes in tax law or family dynamics. Regular maintenance helps avoid unintended outcomes and ensures the personal representative has current directions to follow.
A will does not generally avoid probate because it governs distribution of probate assets through the court process. Certain assets, like retirement accounts, life insurance, and jointly owned property with rights of survivorship, may pass outside probate via beneficiary designations or ownership arrangements. A combined strategy using beneficiary updates, transfers, and trusts can reduce the assets subject to probate. Discussing your full asset profile helps determine whether additional tools beyond a will are appropriate to minimize probate administration.
Choose a personal representative who is trustworthy, organized, and willing to manage administrative responsibilities such as filing probate documents, notifying creditors, and distributing assets. Often a spouse, adult child, or trusted friend with basic financial acumen fills this role effectively. Consider naming an alternate representative in case the primary cannot serve. Professional fiduciaries or trusted advisors can also act in complex estates, but ensure the choice aligns with family dynamics and practical administration needs.
If you die intestate in Virginia—without a will—state law determines who inherits based on kinship rules. This can result in distributions that differ from your preferences, and it may complicate guardianship decisions for minor children if no appointment is specified. Intestacy can also create administrative burdens and conflicts among heirs. A valid will allows you to name beneficiaries and decision-makers explicitly, reducing uncertainty and helping ensure your wishes are followed.
Yes, you can change your will at any time while you have testamentary capacity. Amendments can be made by creating a codicil for minor revisions or by drafting a new will that revokes prior wills. Proper execution formalities must be followed for amendments to be valid under Virginia law. It’s important to update related documents and beneficiary forms concurrently to avoid conflicts. Consulting with counsel ensures changes are effective and that earlier documents are properly superseded to prevent unintended results during probate.
Beneficiary designations on accounts like IRAs and life insurance generally supersede directions in a will for those assets. That means assets with designated beneficiaries pass directly to those named, regardless of what the will states, making consistent coordination essential to achieve intended distributions. Review and update beneficiary forms alongside your will to ensure all components of your estate plan work together. Failing to align these instruments can lead to unexpected transfers and family disputes during administration.
A trust can handle many estate planning goals, including avoiding probate for trust assets, but a will often remains necessary to handle any assets not placed in the trust and to name guardians for minor children. A pour-over will is commonly used to transfer remaining assets into a trust at death. Even with a trust, a comprehensive review ensures the will, trust, and beneficiary forms coordinate properly. This reduces the risk of assets falling outside the trust and requiring separate probate administration.
A will allows you to appoint a guardian for minor children and can set up testamentary trusts to manage assets on their behalf until they reach a specified age. Clear instructions about guardianship and trust management reduce uncertainty and help ensure children’s needs are met according to your wishes. Providing funding directions and naming successor guardians helps minimize court involvement and provides practical protections. Regular updates are important as family circumstances change to ensure the appointed guardian remains the right choice.
Hatcher Legal assists personal representatives with probate filings, inventorying assets, creditor notices, and preparing accounting and distribution plans. We guide clients through Virginia’s procedural requirements to help move the estate through administration efficiently and with clear communication at each step. We also help resolve disputes when they arise and coordinate tax reporting and final distributions. Our goal is to reduce delays and administrative stress so that fiduciaries can fulfill their duties in a predictable and law-abiding manner.
