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A properly prepared will preserves your control over asset distribution, reduces family uncertainty, and can streamline the administration of your estate under Virginia procedures. It also enables you to name an administrator, address debts and taxes, and express preferences for guardianship and personal care, which often reduces contentious litigation after a death.
A comprehensive plan delivers clear instructions for asset distribution and care of dependents, which helps reduce confusion and conflict among heirs. When documents are consistent and current, personal representatives can act more quickly and effectively, reducing administrative costs and emotional strain for family members.
Clients rely on a straightforward process that begins with an inventory of assets and a discussion of goals and family dynamics. Hatcher Legal focuses on clear drafting and communication so that documents accurately reflect client wishes and remain effective under applicable state laws, providing confidence and clarity for families.
We advise clients to revisit estate plans after major life events and at regular intervals to confirm that distributions, fiduciary appointments, and legal provisions remain current and effective for newly arisen circumstances.
If you die without a will in Virginia, state intestacy laws determine how your assets are distributed. Those laws generally prioritize spouses, children, and other close relatives, which may not reflect your personal wishes and can result in outcomes you would not choose. Dying intestate also means the court appoints a personal representative to administer your estate. Avoiding intestacy by creating a valid will gives you control over distributions, guardianship choices, and who manages your estate administration.
Yes, you can name a guardian for minor children within your will to provide for their care and household management if both parents are deceased. Naming a guardian allows you to express preferences for who should raise and manage resources for your children. It is advisable to discuss your choice with the person you name and consider naming an alternate guardian. Courts generally honor a parent’s choice unless circumstances make that appointment unsuitable or unsafe for the child.
You should review your will following major life events such as marriage, divorce, births, deaths, significant changes in assets, or changes in family relationships. Additionally, a periodic review every few years ensures that beneficiary designations and legal provisions remain aligned with your intentions. Updates also become necessary if you relocate to another state, as different states have varying requirements that can affect the validity or operation of existing documents.
Choose a personal representative who is trustworthy, organized, and able to manage administrative and financial tasks. Consider someone with a basic understanding of financial matters and the willingness to communicate with family and professionals during estate administration. You may name a family member, friend, or a professional fiduciary. Discuss the role in advance and provide access to important records so administration proceeds smoothly when needed.
A will itself does not avoid probate; it directs how probate assets should be distributed. Probate is the court-supervised process used to validate the will, pay debts, and transfer assets subject to probate. Certain strategies, like beneficiary designations and joint ownership, can reduce the probate estate. Comprehensive planning can limit the assets that pass through probate, but a will remains important to direct distribution of probate assets and appoint a personal representative to manage the process.
Yes, you can change your will after it is signed by executing a codicil or by drafting a new will that revokes prior versions. Changes require the same formalities as the original will to ensure validity, including proper signing and witnessing under Virginia law. It is important to update beneficiary designations and related documents accordingly and keep records of revisions to prevent confusion during administration.
During probate, the personal representative identifies and notifies creditors, pays valid claims from estate assets, and files tax returns as required. Priority rules determine which claims are paid first, and unresolved disputes may require court resolution to determine validity or amounts owed. Keeping organized records and addressing debts promptly from estate assets helps prevent delays and reduces the risk of personal liability or family conflict during administration.
Assets that typically pass outside a will include those with beneficiary designations such as life insurance proceeds and retirement accounts, joint tenancy property with rights of survivorship, and assets held in living trusts. These transfer according to their own terms rather than the will. Coordinating beneficiary forms, account titles, and trusts with your will is essential to ensure that your overall estate plan accomplishes your intended distributions and minimizes unintended consequences.
In Virginia, a will must be signed by the testator and witnessed by two competent witnesses who observe the signing. Proper witnessing formalizes the document and supports its validity during probate proceedings, reducing the risk of challenges based on execution technicalities. Following statutory requirements for signing and witnessing at the time of execution is essential. We provide guidance on proper formalities and safe storage so the will is upheld when needed.
Store your executed will in a safe but accessible location and inform the personal representative and trusted family members where it can be found. You may keep the original with a trusted attorney, safe deposit box, or secure home safe, but ensure authorized individuals can access it when necessary. Providing copies to the personal representative and maintaining a record of updates helps prevent delays. Avoid storing the only original in a sealed bank box without ensuring the representative has access after death.
