A valid will clarifies asset distribution, names an executor to manage estate affairs, and provides specific directions for guardianship of minor children when applicable. Proper drafting limits ambiguity, reduces conflicts among heirs, and can speed administration by providing courts with clear instruction, which is particularly helpful for families with real estate or business interests.
Clear, consistent estate documents and well-documented asset ownership decrease the opportunity for challenges to will provisions. Careful drafting and proper execution reduce ambiguity, making it harder for disputes to arise and allowing fiduciaries to carry out directions with confidence and fewer court interventions.
Hatcher Legal, PLLC provides attentive client service and clear communication to guide you through decision points when preparing a will. We focus on plain-language documents that meet legal formalities while reflecting your values and protecting family interests across changing circumstances.
When administration is required, we assist executors with filings, inventory preparation, creditor notices, and distribution procedures. Our firm provides practical guidance to help fiduciaries meet their duties efficiently and in compliance with Virginia probate law.
If you die without a valid will in Virginia, your estate will be distributed under state intestacy laws, which allocate assets according to a statutory formula rather than your personal wishes. This can result in unintended distributions and may leave loved ones without the protections or arrangements you would have chosen. Without a will, no one you select as executor or guardian is officially named. The court appoints an administrator to manage the estate and determine heirs, which can prolong administration, increase costs, and create family disputes. Preparing a will avoids these defaults and provides clarity for heirs and fiduciaries.
Yes, you can and should name a guardian for minor children in your will. A will enables you to express your preference for who should care for minors and to outline provisions for their financial support, helping the court understand your intentions and reducing uncertainty for surviving family members. It is also wise to name alternate guardians and provide clear instructions regarding management of funds left for a child. Complementary documents such as trusts can be used to manage funds for minors until they reach an age you specify, adding an extra layer of protection for the child’s financial future.
Review your will whenever major life events occur, such as marriage, divorce, birth of children, death of named beneficiaries, or significant changes in assets. Even absent major changes, a periodic review every few years ensures beneficiary designations and asset lists remain accurate and consistent with your goals. Changes in law or tax rules can also affect estate planning choices, so updating documents following legislative shifts or after acquiring business or real estate holdings is prudent. Regular reviews help maintain alignment between your wishes and the legal instruments that implement them.
A will does not usually avoid probate; instead it directs how assets that pass through probate should be distributed. Probate is the court process for validating the will and supervising estate administration, and assets titled solely in your name typically pass through this process unless they are held in a trust or have designated beneficiaries. To reduce or avoid probate for particular assets, clients often use revocable living trusts, joint ownership with rights of survivorship, or beneficiary designations on retirement accounts and life insurance policies. Coordinating these tools with a will creates a more efficient transfer strategy.
Select an executor who is trustworthy, organized, and willing to handle administrative responsibilities, including interacting with the court, paying debts, and distributing assets. Consider the person’s proximity to the estate, availability, and ability to manage financial and interpersonal tasks during a potentially stressful period. Naming an alternate executor provides backup if your primary choice cannot serve. You should also discuss the role with the person you name so they understand the responsibilities and are prepared to carry them out when the time comes.
A will can be contested on specific grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. While not all challenges succeed, clear language, proper signing formalities, and documentation of the testator’s capacity and intent reduce vulnerability to successful contests. Using independent witnesses, maintaining contemporaneous records of planning decisions, and coordinating with other estate planning documents can strengthen a will’s defensibility. When concerns about disputes exist, alternative planning tools like trusts may help limit litigation avenues.
Owning property in multiple states can complicate administration because real estate typically must be probated in the state where it is located. This may require ancillary probate proceedings, increasing cost and time for estate settlement. Careful planning helps reduce these burdens. Techniques such as transferring property to a trust or using joint ownership with rights of survivorship may streamline transfer across jurisdictions. Consulting an attorney familiar with multi-state probate issues helps coordinate documents to minimize duplicate court processes and expense.
Beneficiary designations on accounts like retirement plans and life insurance generally override provisions in a will for those specific assets. The named beneficiary receives the asset directly, so it is important to keep designations current and consistent with your broader estate plan to avoid unintended outcomes. A will still governs assets that do not have beneficiary designations or that are held solely in your name without designated pay-on-death arrangements. Reviewing beneficiary forms as part of estate planning ensures alignment across instruments.
A will can provide directions for transferring business interests upon death, but additional documents such as buy-sell agreements, operating agreements, and succession plans are often necessary to ensure continuity and clear valuation methods. Coordinated planning prevents ownership disputes and supports ongoing operations. For closely held businesses, combining a will with formal succession documents and trusts allows orderly transition, protects business value, and provides for family members while addressing management and governance concerns in the event of an owner’s death.
Store the original will in a secure location such as a safe deposit box, a fireproof home safe, or with your attorney, and inform your executor or trusted family members where it is kept. Keeping the original accessible to fiduciaries reduces delays when the document must be filed with the probate court. Provide copies to named fiduciaries and discuss the location and contents with them. Avoid relying solely on digital copies for the original document; courts typically require the original signed will for probate proceedings in Virginia.
