A properly prepared will reduces uncertainty, directs distribution of assets, names an executor to manage affairs, and can designate guardians for minor children, all of which help avoid intestacy rules and minimize delays and conflict during probate in Virginia courts.
Comprehensive planning provides tools to control timing and manner of distributions, protect assets from creditors or unintended beneficiaries and set conditions or trusts that support long-term financial goals or special needs without relying solely on intestacy rules.
Hatcher Legal, PLLC combines focused knowledge of estate and business law with practical advice tailored to local clients, assisting individuals in creating clear wills, coordinating related documents and navigating probate when needed with attentive client communication.
Clients are encouraged to review estate plans after major life events and to schedule periodic check-ins so documents remain aligned with current assets, relationships and legal changes that could affect administration or distribution.
A will is a legal document that directs how your property and possessions should be distributed after your death, names an executor to manage the estate and can appoint guardians for minor children, providing clarity and control over your affairs. In Virginia a properly executed will follows state formalities to be valid and enforceable. Having a will prevents intestacy rules from dictating distribution, can reduce family conflict by clearly stating your intentions, and streamlines the probate process. It is a key component of an estate plan that should be reviewed after major life changes to remain effective and aligned with current wishes.
To name a guardian you include specific language in your will designating a preferred guardian for minor children and alternates if the primary choice is unable to serve, expressing your preferences clearly and any conditions or guidance about child care and upbringing. While courts give weight to a parent’s designation, they retain authority to approve or modify guardianship based on the child’s best interests. Discuss your choices with potential guardians and ensure accompanying documents and financial provisions support the transition you envision.
Yes, you can change a will after it is signed through a codicil, which amends specific provisions, or by drafting a new will that expressly revokes prior wills and includes updated directions. Proper execution and witness requirements must be followed to ensure the change is legally effective. It is advisable to review wills periodically and after major life events such as marriage, divorce, births, deaths or significant asset changes, and to work with counsel to confirm the revised document avoids conflicts with beneficiary designations or other estate planning instruments.
When someone dies without a will in Virginia, the estate is distributed according to intestacy laws which prioritize spouses, children and other relatives in a statutory order, which may not reflect the deceased’s actual preferences and can create unexpected outcomes for blended families or nontraditional relationships. Intestacy also leaves important decisions, like guardian appointments for minors, to the court rather than the deceased’s expressed wishes. Creating a will ensures personal choices govern distribution and caretaking decisions rather than default state rules.
With a will, the executor named in the document usually petitions the local circuit court to open probate, which validates the will and grants authority to administer the estate, pay debts and distribute assets. The process involves notice to heirs and creditors and accounting for estate activity as required by Virginia law. Smaller estates or those with properly titled nonprobate assets may qualify for simplified procedures. A legal advisor can assess whether the estate fits streamlined administration or will require standard probate steps to conclude affairs.
Business owners should address succession and continuity planning as part of estate planning to minimize disruption and preserve value, and a will can serve as one element in coordinating ownership transition, but often business succession requires separate agreements and mechanisms beyond a will for effective continuity. Combining a will with buy-sell agreements, operating agreements, and appropriately titled transfer documents helps align business continuity with personal estate goals, ensuring that ownership and management transition smoothly and in accordance with the owner’s intentions.
Beneficiary designations on accounts like retirement plans and life insurance typically supersede the instructions in a will for those specific assets, so it is important to coordinate beneficiaries with estate documents to avoid unintended distributions or conflicts between designations and will provisions. Review beneficiary forms regularly, especially after major life events, and update as needed to ensure they match overall estate planning objectives; an advisor can help reconcile nonprobate designations with testamentary documents to achieve intended outcomes.
Common mistakes include failing to update beneficiary designations, not naming alternate executors or guardians, leaving unclear or ambiguous provisions, and using informal or improperly witnessed documents, any of which can lead to disputes and delays in probate administration. Avoid DIY templates without legal review, ensure documents meet Virginia formalities for execution, and consult with counsel to address tax, business or blended family concerns so the will effectively carries out your wishes and reduces risk of litigation.
Consider a trust when you want to avoid probate, provide ongoing management for beneficiaries, protect assets from creditors or provide for minor or special needs beneficiaries with flexible distribution terms; trusts offer privacy and continuity that a will alone cannot provide after death. Trusts also pair well with wills through a pour-over will to capture assets not transferred during life. An advisor can evaluate whether a trust, or a combination of trust and will, best meets your goals given asset types and family considerations.
Hatcher Legal, PLLC assists clients with drafting clear wills, coordinating powers of attorney and medical directives, reviewing beneficiary designations, and guiding clients through probate when necessary, offering practical explanations and tailored document preparation to reflect client goals under Virginia law. The firm also supports business owners with succession planning and coordinates estate planning documents to avoid unintended consequences, providing ongoing review recommendations so plans remain current and effective as life circumstances and assets evolve.
