A properly drafted will clarifies asset distribution, names fiduciaries, and can reduce probate delays and family conflict. For Skippers residents, a will coordinates with local property rules and business interests, protecting heirs and preserving value. Establishing a will is an important step for orderly transitions and safeguarding loved ones’ futures.
A coordinated estate plan provides detailed instructions for distributing assets, setting conditions or trusts for minors, and naming decision-makers for health and financial matters. This control supports orderly transfers and can preserve assets for future generations through structured distributions and management provisions.
Clients choose Hatcher Legal for attentive planning, straightforward explanation of options, and careful document preparation that follows Virginia formalities. Our approach focuses on tailoring wills to family circumstances, reducing ambiguity, and coordinating with other estate planning tools when needed.
Once executed, the will should be stored securely with clear instructions for the personal representative. We discuss options like attorney-held originals, safe deposit boxes, or other secure locations and recommend sharing location details with trusted individuals to expedite administration.
A will is a legal document that states how you want your property distributed at death, names a personal representative to carry out your wishes, and can appoint guardians for minor children. It provides a clear record of your intentions and helps ensure the court administers your estate according to your directions. Having a will reduces uncertainty for surviving family members, makes the probate process more efficient, and allows you to name specific beneficiaries and alternates. Without a will, state intestacy rules determine distribution, which may not match your wishes, so planning is important for protecting loved ones.
To make a will in Virginia, you must be of sound mind, sign the document voluntarily, and have it witnessed by two competent adults who are not beneficiaries. The will should clearly identify you, the property to be distributed, beneficiaries, and the appointed personal representative, using unambiguous language to reduce later disputes. It is advisable to work with an attorney or use carefully drafted templates that reflect Virginia statutory requirements. Proper witnessing and keeping the original document accessible will improve the chance the will is accepted in probate without unnecessary challenges or delays.
Yes, you may name a guardian for minor children in your will to express your preference for who should care for them if you and the other parent are unable to do so. Naming a guardian guides the court and provides clarity during a stressful time, though the court retains authority to review suitability. Include alternate guardians in case your primary choice is unable or unwilling to serve. Discussing your decision with the proposed guardian in advance helps ensure they understand the responsibilities and are prepared to act if appointed.
You should review your will after major life events such as marriage, divorce, births, deaths, significant changes in assets, or the purchase or sale of a business. These events can change how you want assets distributed or who should serve as fiduciaries, so timely updates keep your documents aligned with current circumstances. Even without major events, periodic reviews every few years are prudent to confirm beneficiary designations remain accurate, to incorporate legal developments, and to ensure coordination with other estate planning documents like trusts and powers of attorney.
If you die without a will in Virginia, your estate is distributed according to state intestacy laws, which prioritize spouses, children, and other relatives in a set order. The court appoints a personal representative and assets may be divided in ways that differ from your personal wishes, potentially excluding non-family beneficiaries you would have chosen. Intestacy can also result in additional court involvement, delays, and expenses for your heirs. Creating a will allows you to control distribution, appoint fiduciaries, and provide for loved ones in the manner you prefer.
Not all assets pass under a will. Assets with designated beneficiaries, such as retirement accounts, life insurance, and some payable-on-death accounts, transfer directly to the named beneficiaries and typically avoid probate. Jointly owned property may also pass outside probate depending on the form of ownership. A will governs assets that are solely in your name without beneficiary designations or joint ownership. Reviewing account titles and beneficiary designations alongside your will helps ensure your overall plan accomplishes your objectives and avoids unexpected outcomes.
Choose a personal representative who is reliable, organized, and able to manage administrative tasks such as locating assets, paying debts, and communicating with beneficiaries. Consider availability, geographical location, and the ability to work with institutions and courts, since these duties can be time-consuming and sometimes complex. Naming alternates provides backup if your first choice cannot serve. Discuss the role with potential appointees in advance so they understand the responsibilities and are willing to act if appointed, reducing confusion and delays when administration is required.
Yes, you can change or revoke your will at any time while you have the legal capacity to do so. Revocation can occur through drafting a new will that expressly revokes prior wills, executing a formal revocation, or by creating a codicil that amends specific provisions, provided the changes meet Virginia formalities. Because amendments and codicils can create interpretive issues, many people prefer to execute a new will when making substantial changes. Keep records of revisions and notify trusted individuals where the current will is stored to avoid confusion.
Under a will, debts and taxes are typically paid from the estate before distributions to beneficiaries. The personal representative inventories assets, notifies creditors, and follows legal procedures for resolving claims. Priority rules determine the order in which bills and expenses are paid, which can affect what remains for beneficiaries. Estate taxes or final income taxes may also be due depending on the size and type of assets. Proper planning can help reduce tax burdens and ensure the estate has sufficient liquidity to meet obligations without forcing unwanted asset sales.
For your first meeting about a will, bring a list of assets and their approximate values, copies of deeds, account statements, insurance policies, and information about business interests or debts. Also note family relationships, beneficiaries you wish to name, and any preferences for guardianship or funeral directions to help shape the document. If you have existing estate documents, bring those for review so we can coordinate new planning with prior arrangements. Clear documentation speeds the drafting process and helps ensure the will accurately reflects your intentions and legal needs.
