A valid will provides legal clarity about asset distribution, appoints an executor to manage the estate, and can reduce time and expense in probate. For business owners, a will integrates with succession planning to ensure continuity. Wills also allow you to name guardians, specify funeral wishes, and address specific bequests to minimize disputes.
Using trusts or structured testamentary provisions lets you set conditions or schedules for distributions, protect inheritances from creditors or poor financial decisions, and provide for minor children or vulnerable beneficiaries with oversight that extends beyond the probate timeline.
We focus on clear, durable estate planning documents that reflect your values and anticipate likely issues. Our practice integrates business and family law perspectives to create wills that work with trusts, powers of attorney, and succession planning for business owners and multi-asset households.
Administration includes notifying creditors, compiling inventories, paying valid claims and taxes, and preparing final accounting for the court. We guide executors through each stage to help ensure legal obligations are met and remaining assets are distributed according to the will.
If you die without a will in Virginia, your assets are distributed according to state intestacy laws, which follow a statutory order prioritizing spouses, children, and other relatives. This distribution may not reflect personal preferences, and intestacy can complicate estate administration for blended families or nontraditional relationships. Dying intestate also means you do not nominate an executor or guardians for minor children through a will, leaving those decisions to the court and potentially creating delays or disputes. Creating a valid will ensures your choices are honored and provides clearer direction for loved ones.
You should review your will after major life events such as marriage, divorce, births, deaths, significant asset changes, or changes in residency. Periodic reviews every few years help ensure your will continues to reflect current wishes, accounting changes, and relevant legal developments. Even without major events, a periodic review is beneficial to confirm beneficiary designations, update appointed fiduciaries, and address any changes in tax or probate law that could affect how your estate is administered in Pulaski County.
Yes, you may name a trusted nonfamily member as executor or guardian in your will, provided the person is willing and capable of fulfilling the responsibilities. It is essential to discuss your nomination with the individual in advance to confirm willingness and address any potential conflicts of interest. Choosing a nonfamily executor can be sensible when impartiality or specific administrative skills are needed. For guardianship of minors, consider naming alternates and providing clear instructions to reduce family disputes and ensure the child’s welfare aligns with your preferences.
A will does not avoid probate; rather, it directs the court on how to distribute probate assets. Certain property passes outside of probate through joint ownership, beneficiary designations, or trusts, so coordinating these tools with a will is essential when probate avoidance is a goal. If your primary objective is to bypass probate, consider integrating trusts, payable-on-death accounts, or joint tenancy arrangements into your plan. A comprehensive review helps align asset titles and beneficiary forms with your testamentary intentions.
You can change a will by executing a new will that expressly revokes prior wills or by adding a codicil that meets the same formal witnessing requirements. Virginia requires proper signature and witness formalities for both revocations and amendments to be valid in probate. It is generally clearer to create a new will for substantial changes rather than several codicils. After executing a new will, ensure the previous document is destroyed or clearly marked revoked, and notify relevant parties of updates to reduce confusion during administration.
Wills can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. To reduce the risk of contests, maintain clear documentation of your intentions, use straightforward language, and avoid sudden, unexplained changes that could invite scrutiny. Working with counsel to document the decision-making process, ensure proper formalities, and consider independent witnesses can help deter challenges. Including explanations or consistent prior statements may also discourage litigation by clarifying the reasons behind particular provisions.
Even with a trust or joint accounts, a will remains important to cover assets that pass through probate, name guardians for minor children, and provide backup instructions. A pour-over will can transfer residual assets to a trust created for long-term management of property not titled to the trust during life. Joint accounts and beneficiary-designated assets pass according to their own terms, so reviewing all ownership forms alongside your will ensures your estate plan carries out your complete intentions and reduces the chance of unintended beneficiaries receiving assets.
An executor’s duties include filing the will with the appropriate court, identifying and inventorying assets, notifying creditors and beneficiaries, paying valid debts and taxes, and distributing remaining property according to the will. The executor must keep accurate records and account for actions to the court and interested parties. Executors have fiduciary responsibilities and should act impartially and prudently. When significant complexities arise, executors may seek legal or accounting assistance to ensure compliance with Pulaski County procedures and to reduce personal liability for administration decisions.
Funeral wishes and personal directives may be stated in a will, but because wills are often not read until after burial, it is best to communicate immediate funeral preferences in a separate, easily accessible document or to inform a trusted person. A will can provide backup instructions but should not be the sole repository for urgent directives. For healthcare-related decisions during life, durable healthcare powers of attorney and advance directives are more effective. These documents appoint decision-makers and provide instructions for medical care, while a will governs posthumous property distribution.
Costs for drafting a will vary with complexity, typically ranging from modest fees for a simple will to higher amounts for integrated estate plans involving trusts or business succession. Probate administration fees depend on estate size and complexity, including court costs, possible attorney fees, and accounting expenses for inventories and tax filings. During an initial consultation we provide a clear estimate based on your assets and planning needs. Transparent fee explanations help clients weigh options between a simple will, a comprehensive plan with complementary documents, or additional estate administration assistance.
