A valid will reduces ambiguity about your final wishes, streamlines the probate process, and helps minimize family disputes after death. It allows you to choose an executor, specify beneficiaries, and provide for minor children or family members with special needs. Proper drafting can also address tax planning and the orderly transfer of business interests.
Comprehensive planning provides more control over when and how assets are distributed, enabling phased distributions, protection for minors and beneficiaries with special needs, and detailed instructions for unique family or business arrangements. These measures reduce the chance of unintended transfers and provide clear guidance to fiduciaries.
Clients work with Hatcher Legal for deliberate, carefully drafted wills that consider family dynamics, tax implications, and business interests. We emphasize plain language, proper execution, and alignment of wills with other estate planning documents so your final wishes are actionable and consistent across your plan.
We recommend secure storage of the original will with instructions for where executors can find it. Options include safe deposit boxes, law firm custody, or other secure repositories. Clear access instructions prevent delays and help fiduciaries begin administration promptly after death.
In Virginia, a will must be signed by the testator and witnessed by at least two competent individuals who observe the signature. The testator must have testamentary capacity, meaning awareness of assets, intended beneficiaries, and the consequences of the document. Compliance with these formalities helps ensure the will is admissible in probate court. Proper execution reduces the likelihood of challenges based on validity. While notarization is not required for a will to be valid, signing in front of a notary can simplify certain probate steps. Guidance during execution helps address common pitfalls and supports smooth admission to probate.
Virginia law allows individuals to leave property as they choose, including excluding certain relatives, but there are statutory protections for spouses in some circumstances. A surviving spouse may have elective share rights that affect distribution. It is important to consider these rules before attempting to fully disinherit a spouse. Children are not automatically entitled to a share under a will, but disinheriting a child can lead to family disputes. Clear written reasons and consistent planning, such as beneficiary designations and trusts, help ensure your intentions are understood and carried out as you desire.
Yes. If you own a business, your will should address how ownership interests are to be transferred and who will manage or receive the business interest upon your death. However, business assets held in certain legal entities or agreements may require complementary documents such as buy-sell agreements or shareholder arrangements to effect transfers smoothly. Coordinating corporate documents, partnership agreements, and estate planning instruments prevents conflict between business succession expectations and probate outcomes. Early planning helps preserve business continuity and supports agreed-upon transitions for co-owners or family members involved in operations.
Review your will after major life events such as marriage, divorce, birth of a child, death of a beneficiary, acquisition or sale of significant assets, or relocation to another state. These events often change distribution intentions, guardianship needs, or tax considerations that warrant an update to maintain alignment with your goals. Periodic review every few years is prudent even without major events, because laws and personal circumstances can change. Updating a will ensures the document continues to reflect current wishes and prevents unintended distributions at the time of death.
If you die without a valid will in Virginia, your estate will be distributed according to state intestacy statutes. These rules prioritize spouses, children, and other relatives, which may not match your personal wishes. Intestacy can also leave decisions about guardianship and distribution to the court, rather than to your own directions. Intestacy can complicate administration and increase the potential for disputes among family members. Creating a will allows you to specify beneficiaries, appoint an executor, and name guardians, thereby avoiding default state rules and providing greater clarity for loved ones.
Yes. A will is the primary document for naming a guardian for minor children. By designating a guardian in your will, you provide the court with clear evidence of your preference for who should care for your children in the event both parents are unable to do so. It is advisable to discuss guardianship choices with the individuals you nominate so they understand the responsibilities. A complementary plan including trusts or custodial arrangements can be used to manage assets for minors until they reach an age you specify.
A will can be changed by creating a new will or by executing a formal codicil that amends specific provisions. To avoid ambiguity, many clients choose to replace an older will with a new document that revokes prior wills entirely. Proper re-execution with witnesses is required for validity. Informal changes such as handwritten notes may not meet legal formalities and can create challenges during probate. Working through formal amendment or replacement ensures your current intentions are clearly documented and enforceable under state rules.
Assets with beneficiary designations, such as retirement accounts and life insurance, pass outside of probate to the named beneficiary and are not controlled by a will. Similarly, joint tenancy property passes automatically to the surviving joint owner. It is important to coordinate these designations with your will to avoid unintended results. A comprehensive review of beneficiary forms, deeds, and account titles helps ensure your estate plan reflects your intentions. Consistency among documents prevents conflicts between probate distributions and nonprobate transfers, supporting a smoother settlement for heirs.
An executor is responsible for managing the estate after death, including filing the will with probate court, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. The executor acts under fiduciary duties to the estate and beneficiaries and must follow statutory procedures and court oversight during administration. Choosing an executor who is organized, trustworthy, and willing to serve can ease the administration process. Clear instructions in the will and access to records and documents help the executor fulfill duties efficiently and reduce delays in closing the estate.
Probate timelines vary depending on estate complexity, creditor claims, and court scheduling, but a straightforward probate estate in Northampton County can often be resolved within several months to a year. Estates with disputes, complex assets, or out-of-state properties may take longer to administer and settle. Early organization, accurate asset documentation, and clear beneficiary designations can shorten probate timelines. Consulting with counsel to prepare and present necessary filings and address potential complications helps expedite the process when probate is required.
