A legally drafted will gives you control over property distribution, guardianship choices for minor children, and directions for final arrangements. In Virginia, a clear will reduces the risk of intestate succession, shortens probate delays, and helps prevent disputes among family members, making settling an estate more predictable and less stressful for those left behind.
Comprehensive planning minimizes ambiguity about intentions and asset ownership, which reduces the likelihood of probate contests or family disagreements. Clear direction about distributions and fiduciary duties helps executors and trustees carry out your wishes efficiently and consistently with your priorities.
Hatcher Legal focuses on practical, client-centered planning that helps families articulate their priorities and implement documents that work within Virginia’s legal framework. We emphasize clear communication, careful document drafting, and coordination across related planning tools so wishes are carried out as intended.
When probate is necessary, we assist executors with filing petitions, inventorying assets, notifying creditors, and distributing property according to the will, offering organized, practical support during a time that can be both administratively complex and emotionally difficult.
If you die without a valid will, Virginia’s intestacy laws determine who inherits and in what shares, which may not reflect your personal preferences. The court will follow statutory rules that prioritize spouses, children, and other relatives, and this process can create outcomes that surprise families. Having a will lets you control distributions, name an executor, and designate guardianship for minors. Drafting a valid will can reduce uncertainty and help your family avoid default distributions and potential conflicts under intestate succession rules.
Yes, you can nominate a guardian for minor children in your will, which provides a clear statement of your preference for who should care for them. The court reviews guardian nominations but gives significant weight to a parent’s expressed choices when appropriate and consistent with the child’s best interests. It is also advisable to name successor guardians and to coordinate any financial provisions or trusts for minor children so that care and funding are both addressed in a unified plan rather than relying solely on the will’s guardian nomination.
Review your will after major life events such as marriage, divorce, birth or adoption of children, death of beneficiaries, significant changes in assets, or relocation between states. Even absent major events, periodic review every few years helps ensure your plan remains current with life circumstances and legal changes. Updating a will can be as simple as revising beneficiary details or executor appointments, but significant changes may require a re-draft. Regular reviews reduce the risk of unintended results and ensure documents reflect your current wishes and situation.
A will itself does not avoid probate; probate is the process used to validate and administer the will in court. Some assets, like those held in trust or with designated beneficiaries, pass outside probate, so effective planning combines wills with other instruments to limit assets subject to probate. Even when probate is required, a clear, properly executed will helps streamline the administration process by providing instructions, naming an executor, and reducing disputes over asset distribution and fiduciary duties under Virginia probate procedures.
Choose an executor who is trustworthy, organized, and willing to take on administrative duties such as inventorying assets, paying debts, and communicating with beneficiaries. Family members or close friends sometimes serve well, but professional fiduciaries or trusted advisors can be appropriate if circumstances call for impartial administration. Discuss your choice with the person beforehand to ensure they understand the responsibilities and location of important documents. Naming alternates helps ensure continuity if the primary executor is unable to serve when needed.
Handwritten changes, or holographic amendments, are generally not valid in Virginia unless they meet formal execution requirements of a will, so informal edits can create ambiguity and risk disqualification during probate. It is safer to execute a formal amendment called a codicil or to re-draft the will to reflect changes. If you find errors or want to update provisions, contact us to prepare proper amendments that satisfy Virginia’s signing and witnessing rules, avoiding the uncertainty that handwritten edits can create for executors and courts.
An executor will need the decedent’s original will, a list of assets and debts, account statements, property deeds, insurance policies, and contact information for beneficiaries and financial institutions. Having organized documentation shortens probate timelines and reduces the effort required to inventory and value estate assets. Executors should also be prepared to file necessary court petitions, provide notices to creditors and beneficiaries, and retain records of estate transactions. Early access to key documents and clear communication with advisors eases administration and helps meet legal obligations under Virginia law.
Virginia law provides certain protections for surviving spouses that can affect a decedent’s ability to disinherit a spouse entirely, depending on assets and statutory elective share rules. Because of these protections, it is important to consider spousal rights when planning distributions and drafting wills. If you have questions about spousal claims or want to structure distributions to reflect family goals while respecting legal constraints, planning with attention to Virginia statutory provisions and possible estate administration outcomes is advisable to reduce future disputes.
During probate, estate debts and taxes are paid from estate assets before distributions to beneficiaries. The executor identifies creditors, evaluates claims, and follows statutory procedures for notice and payment, which may affect the timing and amount of beneficiary distributions. Estate tax obligations depend on the size and nature of assets; federal or state taxes may apply in certain cases. Proper planning can minimize tax impact and provide liquidity strategies so debts and taxes do not unduly burden intended beneficiaries.
Keep the original signed will in a safe, accessible place and make sure the executor knows how to locate it. Other important documents to store with or reference in connection with the will include deeds, account statements, life insurance policies, previous wills, trust documents, and lists of digital accounts and passwords. Maintaining an organized estate file and providing clear instructions to your executor reduces delays in probate and administration. Regularly update document lists as accounts and assets change so your executor can efficiently carry out your instructions.
