A will is a central document for directing the distribution of property, naming a personal representative, and appointing guardians for minor children. It provides legal clarity that helps reduce confusion and potential conflicts, enabling a smoother probate process and ensuring that your priorities for family and business transition are respected after your death.
A comprehensive plan integrates wills with succession and shareholder agreements to preserve business continuity and provide clear instructions for family distributions. This alignment helps minimize conflict among heirs and supports orderly transitions in management and ownership after an owner’s death.
Clients choose Hatcher Legal for practical, client-centered planning that connects wills to broader estate and business objectives. The firm’s work spans wills, trusts, business succession, elder law, and probate, providing integrated solutions that reflect personal goals and protect family and business interests.
We help the personal representative navigate the probate timeline by preparing required petitions, asset inventories, creditor notices, and proposed distributions. Our role is to provide practical support so fiduciaries can meet legal obligations and complete administration efficiently and in accordance with the will.
A will is a document directing how property should be distributed at death and can name guardians for minor children and an executor to manage the estate. It generally must be probated for the court to approve distributions, though some assets pass outside probate via beneficiary designations. A trust is an arrangement that can manage and distribute assets during life and after death, often avoiding probate for trust-held property and providing ongoing management. Trusts can be useful for asset protection, managing distributions to minors, and coordinating multi-state property issues.
You can name a guardian for minor children in your will by expressly designating the person or persons you wish to assume custody if both parents are deceased. The court makes the final appointment, but a clear nomination provides strong guidance that courts typically follow unless circumstances make the choice inappropriate. In addition to naming a guardian, consider provisions for how any assets left for the children should be managed, whether through a trust or by appointing a trustee to oversee funds until children reach an age you select for distribution.
Yes, major life events such as marriage, divorce, birth of a child, death of a beneficiary, or substantial changes in assets are common reasons to update a will. Changes ensure beneficiary designations, fiduciary appointments, and distribution instructions reflect current wishes and circumstances. Even if no major event occurs, periodic review is wise to address law changes and evolving objectives. Updating avoids unintended outcomes such as leaving assets to a former spouse or failing to provide for new children or blended family arrangements.
Virginia recognizes holographic wills in limited situations if they meet state requirements, but handwritten wills can be more vulnerable to challenges and may lack required witness attestations. To minimize risks, formal execution with witnesses and a self-proving affidavit is recommended for clearer probate acceptance. Using an attorney or following statutory execution standards reduces the chance of invalidation and helps ensure that the will’s language is precise and aligned with broader estate planning documents, particularly when assets or family situations are complex.
Choose an executor who is trustworthy, organized, and willing to handle administrative tasks such as filing probate documents, paying debts, and distributing assets. Consider proximity and availability, and appoint a successor in case the primary designee cannot serve. An institutional personal representative is an option when impartial administration is needed. Discuss the role in advance so the person understands the responsibilities. If estate includes business interests or complicated holdings, selecting someone with financial or legal familiarity, or pairing an individual with professional advisors, can facilitate smoother administration.
Digital assets include online accounts, social media, cryptocurrency, and digital photos. Identify and inventory these assets, provide access instructions where appropriate, and update policies and passwords. Wills can reference a separate list of digital accounts, but some providers require specific authorization or transfer mechanisms outside of a will. Consider appointing a digital executor or including instructions in a secure memorandum. Coordination with privacy policies and service provider terms is important to ensure assets are accessible and handled in accordance with your wishes while respecting applicable laws and contractual terms.
If you die without a will in Virginia, your property will be distributed according to state intestacy laws, which prioritize spouses, children, and other relatives based on a statutory order. This outcome may not reflect your personal wishes about who should inherit or who should serve as guardian for minor children. Intestacy can result in unintended beneficiaries receiving property and can complicate administration, especially for blended families or owners of business interests. Preparing a will provides control over distribution and the appointment of fiduciaries to manage your estate as you intend.
Probate timelines in Goochland County vary depending on estate complexity, creditor claims, and whether an executor files complete inventory and accountings. Simple estates with clear wills and minimal debts can move through probate in several months, while complicated or contested estates can take a year or longer to conclude. Planning and organizing documents in advance can streamline the process. Where assets are titled outside probate or trusts are used, administration may be faster. We advise clients on steps to reduce delays and help fiduciaries meet procedural requirements efficiently.
A will can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Contesting a will can be costly and time-consuming, and courts weigh evidence to determine whether the will reflects the true intentions of the testator at the time of signing. Clear drafting, proper execution formalities, witness statements, and regular updates reduce the likelihood of successful challenges. Discussing intentions with loved ones and maintaining contemporaneous records can also help deter disputes and support the will’s validity if challenged.
The cost to draft a will with Hatcher Legal depends on complexity, whether trusts or business succession provisions are required, and the need for specialized coordination. Simple wills are generally more affordable, while integrated estate plans that include trusts or tax planning involve higher fees due to additional drafting and review. We provide an initial consultation to understand your needs and discuss fee options. Transparent communication about scope and anticipated costs helps clients make informed decisions and ensures the plan matches objectives and budget considerations.
