A will gives you control over who receives your assets and who cares for minor children. It can minimize family conflict, streamline the probate process under Virginia law, and set clear instructions for distribution. When combined with other planning tools, a will supports smoother transitions and greater peace of mind for surviving family members.
Using trusts and beneficiary designations together with a will can reduce the assets that must go through probate. This can speed distributions to heirs, lower administrative costs, and limit public exposure of estate details. Such coordination ensures intended beneficiaries receive assets with fewer procedural delays.
Hatcher Legal provides clear, client-focused guidance for wills and estate planning, combining knowledge of Virginia probate procedures with attentive communication. We draft documents that reflect your goals, manage filing and court submissions when needed, and keep families informed through every step of the process.
After creditor claims and taxes are addressed we assist with final accounting and distribution of assets to beneficiaries, then prepare closing documents for the court. Our aim is to conclude administration with clarity, ensuring beneficiaries receive their inheritances in accordance with the will and applicable law.
If you die without a valid will in Virginia, your estate passes according to state intestacy statutes that determine heirs based on family relationships rather than personal wishes. This can lead to distributions that may differ from what you would have wanted, particularly for blended families or nontraditional arrangements. Without a will the court will appoint an administrator to handle probate and asset distribution, which can increase delays and reduce privacy. Drafting a will allows you to name an executor, specify guardianship for minors, and direct how assets should be allocated to avoid default intestacy outcomes.
You should review your will after significant life events such as marriage, divorce, birth of children, changes in asset ownership, or changes in relationships with intended heirs. Legal and financial changes can also prompt an update to ensure your will continues to reflect your current wishes. Periodic reviews every few years are also advisable to confirm beneficiary designations align and that appointed fiduciaries remain appropriate. Regular maintenance prevents outdated provisions from causing confusion or unintended consequences during estate administration.
Yes, you can name a guardian for minor children in your will to indicate who should care for them if both parents are deceased. Selecting a guardian communicates your preferences to the court and guides decision making, though the court retains authority to approve arrangements based on the child’s best interests. It is important to discuss the role with potential guardians and consider naming alternates in case your first choice is unable or unwilling to serve. Additional provisions such as trusts can provide financial support managed for the child’s welfare.
Probate in Mathews County follows Virginia procedures for admitting a will to the local circuit court, appointing an executor or administrator, and handling creditor claims, taxes, and distributions. The process begins with filing the will and a petition, followed by inventory, notices, and eventual distribution once obligations are settled. While straightforward estates may close relatively quickly, contested matters, creditor claims, or complicated asset structures can extend timelines. Properly drafted documents and accurate records reduce administrative burdens and help the court resolve matters efficiently.
A trust can allow certain assets to pass outside probate, but not all assets are automatically excluded; accounts titled in your name or certain property may still require probate unless held in trust or designated with payable-on-death beneficiaries. Coordinating wills with trust documents is key to ensuring intended assets avoid probate. Even with a trust, a will often remains useful as a backup known as a pour-over will that transfers any assets inadvertently left out of the trust into it upon death, helping consolidate estate distribution under your plan.
An executor administers the estate by inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries as directed by the will. Choosing a trustworthy executor who can manage paperwork, communicate with heirs, and act impartially helps facilitate smooth administration and legal compliance. You may name alternates in the will to step in if your primary choice cannot serve. Executors have fiduciary duties and may be required to provide formal accountings to the court and beneficiaries during the probate process.
You may disinherit someone by explicitly excluding them in your will, but certain relationships and claims can complicate this choice. Clear language helps communicate intent and reduce ambiguity, but it may still invite challenges if family members believe they have legal rights under state law. Discussing intentions with counsel during drafting can identify potential issues and recommend strategies such as trust provisions or thorough documentation to support your decisions and reduce the likelihood of contested proceedings.
Beneficiary designations on retirement accounts and life insurance typically override instructions in a will because those assets pass directly to named beneficiaries outside probate. It is essential to review and align beneficiary forms with your will to ensure consistent outcomes and avoid unintended beneficiaries receiving assets. When updating your will, concurrently check account designations to confirm they reflect current wishes. Coordination prevents conflicts between non-probate transfers and your testamentary instructions, helping preserve intended distributions to heirs.
You do not need to file or record your will with the court while you are alive; in fact many people keep wills in a secure place and provide copies to trusted agents. After death the original will must be submitted to the appropriate circuit court for probate proceedings to begin. Storing the original in a safe but accessible location and informing your executor or attorney about its whereabouts prevents delays and ensures the court can promptly locate and admit the document to probate when necessary.
Bring a list of assets, account statements, deeds, life insurance policies, recent wills or trusts, and information about family relationships and children to your initial planning meeting. Also note any existing beneficiary designations and business documents if you own a company, as these details influence how your will should be structured. Providing clear contact information for potential executors, guardians, and beneficiaries helps streamline drafting. Sharing your goals and concerns allows the attorney to recommend appropriate provisions and coordination with other documents such as powers of attorney and advance directives.
