A valid will directs how your property is distributed, names an executor to settle your affairs, and can designate guardians for minor children. It reduces uncertainty and potential conflict among relatives. In Virginia, a properly executed will can also simplify the probate process, making estate administration faster and less costly for those left behind.
Coordinated documents can protect assets from unnecessary exposure to probate, clarify successor decision-makers, and create structured distributions that minimize disputes. Thoughtful titling and trust arrangements streamline administration and help ensure your wishes are carried out efficiently.
Hatcher Legal brings a client-centered approach to estate planning, combining thorough document preparation with clear explanations of probate and administration. We prioritize practical solutions that match your family’s needs and the legal requirements of Virginia and neighboring jurisdictions.
We recommend secure but accessible storage and provide guidance on notifying executors and agents where originals are kept. Clear instructions reduce delays during probate and help executors locate necessary papers promptly when administration begins.
Dying without a valid will, called intestacy, means Virginia’s intestate succession laws determine who inherits your property, which may not align with your personal wishes. Spouses, children, parents, and other relatives may receive portions according to statutory rules, which can produce unintended results for blended families or nontraditional relationships. Intestacy also means the court appoints an administrator to handle the estate and oversee probate, potentially increasing time and cost. Creating a will allows you to name beneficiaries, an executor, and guardians, providing clearer direction and reducing the likelihood of dispute among surviving relatives.
Yes, you can change your will at any time while you have legal capacity by creating a new will or executing a valid codicil that amends the existing document. A later will typically revokes earlier wills if it contains express revocation language or is inconsistent with prior documents. To avoid ambiguity, it is often preferable to draft a new will when substantial changes are needed, ensuring that the instructions are clear and that the execution satisfies current witness requirements under Virginia law and best practices for enforceability.
You nominate a guardian for minor children in your will by naming an individual to assume custody and care if both parents are deceased. The nomination guides the court’s decision and expresses your preference for who should raise your children, though the court retains authority to evaluate the best interests of the child. It is wise to name alternate guardians and to discuss your choice with the nominated person beforehand. Including provisions for management of assets left for the child’s support can further ensure proper care and financial stewardship.
A will does not automatically avoid probate; property titled solely in your name and not otherwise transferred typically goes through probate under the will’s instructions. Some assets, such as jointly owned property, accounts with beneficiary designations, and assets in a trust, bypass probate and pass directly to named recipients. If avoiding probate for real estate is a goal, other tools like trusts, joint ownership arrangements, or beneficiary deeds may be considered. We can evaluate your property ownership and recommend strategies that align with your priorities for privacy and administration speed.
Choose an executor who is organized, trustworthy, and willing to handle administrative responsibilities such as inventorying assets, paying debts, filing probate documents, and distributing inheritances. Family members often serve as executors, but a trusted friend, attorney, or professional fiduciary can be appropriate when impartial administration is desirable. Naming alternate executors is prudent in case your first choice is unable or unwilling to serve. Discussing the role in advance and providing the person with information about assets and documents helps the administration proceed smoothly when needed.
Review your will after major life events such as marriage, divorce, birth or adoption of children, significant changes in assets, or relocation across states. Periodic reviews every few years also ensure that beneficiary designations and asset titles remain aligned with your will and overall estate plan. Changes in law, family circumstances, or tax considerations may also prompt revisions. Keeping the will current prevents unintended outcomes and ensures your documents continue to reflect your priorities for asset distribution and care arrangements.
You can leave charitable gifts in your will by naming an organization and specifying the gift amount or a percentage of your estate. Charitable bequests provide lasting support to causes you care about and can be structured as specific gifts, residuary gifts, or contingent bequests depending on your overall plan. Be sure to identify charities clearly and consider alternatives if an organization ceases to operate. Working with counsel helps ensure language accomplishes your charitable intent and coordinates with tax planning and distribution priorities for other beneficiaries.
A will directs how probate-disposed property is distributed and names guardians and executors, but it does not manage assets during incapacity. A trust, by contrast, can hold and manage assets during your lifetime and after death, potentially avoiding probate for trust-held property and providing ongoing management under terms you set. Trusts come in many forms and can address privacy, long-term management, and creditor protection in some contexts. Deciding between a will-centered plan, trust-centered plan, or combination depends on asset complexity, privacy concerns, and your family’s needs.
During probate, the executor uses estate assets to pay valid debts, funeral expenses, taxes, and administration costs before distributing inheritances. Creditors must be notified and given an opportunity to present claims. Remaining assets are then distributed according to the will or intestacy rules if no valid will exists. Estate taxes or income taxes may apply depending on estate size and income realized during administration. Proper planning and coordination of beneficiary designations, titling, and potential tax strategies can reduce burdens on heirs and streamline the administration process.
Alongside the will, keep documents such as deeds, account statements, retirement and insurance beneficiary designations, trust documents, powers of attorney, advance medical directives, and previous wills. A centralized record of these items helps executors and family members locate necessary papers during administration. Ensure executors and appointed agents know where originals are stored and have access when needed. Periodically update documents and maintain an inventory of account numbers and contact information to facilitate efficient estate administration and safeguard your intentions.
