A will ensures your wishes for property distribution, guardianship of minor children, and appointment of a personal representative are documented under Virginia law. Having a will can reduce family disagreements, clarify asset transfers, and streamline the probate process, preserving more of your estate for those you intend to benefit and reducing administrative delays.
Clear, cohesive documents reduce ambiguity about your wishes and the distribution of assets, which in turn reduces the chance of litigation and strained family relationships. Explicit instructions for guardianship and personal property help heirs understand decisions and provide a transparent framework for administration.
Clients choose Hatcher Legal for straightforward guidance on wills and estate planning because we focus on durable solutions that reflect each client’s priorities and family circumstances. Our approach emphasizes clear communication, careful document drafting, and planning that considers both immediate needs and future contingencies.
If probate is necessary, we assist personal representatives with required filings, creditor notifications, and distribution steps. Our support focuses on efficient administration to meet legal obligations and help beneficiaries receive assets according to the will and applicable laws.
Dying without a will means Virginia’s intestacy laws determine who inherits your property, which may not match your intentions. Intestate succession typically prioritizes spouses and blood relatives, and assets that pass outside probate through beneficiary designations or joint ownership are handled separately. To avoid unintended results and to appoint guardians or a personal representative of your choosing, creating a will is the most direct way to control distribution and ensure that your wishes are followed under state law.
You should review your will after major life events such as marriage, divorce, births, deaths, significant asset changes, or business transactions. Regular reviews every few years are also prudent to ensure documents remain consistent with legal developments and your personal circumstances. Updating beneficiary designations, real estate ownership, or significant account changes often requires adjustments to your will or related documents to keep the estate plan aligned and avoid conflicting instructions.
Yes, you can nominate a guardian for minor children in your will to indicate who should care for them if both parents are deceased. Naming a guardian provides guidance to the court and helps ensure children are placed with a person you trust to care for their needs. It is also wise to name alternate guardians and provide instructions regarding financial support or trust arrangements for the children to ensure their well-being and the management of inherited assets.
A will does not usually avoid probate because probate validates the will and supervises estate administration. However, some assets pass outside the probate estate through beneficiary designations, joint tenancy, or certain trust arrangements, which can reduce the probate estate’s size. Coordinating a will with beneficiary designations and trusts can limit what goes through probate and reduce administrative time and expense, but a will alone typically initiates probate for assets only titled in the deceased’s name.
The personal representative, formerly known as the executor, is appointed in your will to manage estate administration. Responsibilities include filing probate documents, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries according to the will. The personal representative has fiduciary duties to act in the estate’s and beneficiaries’ best interests and must follow court procedures and timelines while keeping accurate records of administration actions and financial transactions.
You can change or revoke your will at any time while you have the legal capacity to do so. This typically requires creating a new will that expressly revokes prior wills or signing a written revocation according to state formalities. Changes should be documented and properly executed. Simple changes like beneficiary updates may require amending documents and checking that beneficiary designations on accounts reflect the intended plan. Consulting with counsel helps ensure updates do not create unintended conflicts among planning documents.
Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts override instructions in a will for those specific assets because they transfer outside probate. It’s important to coordinate designations with will provisions to ensure overall consistency and avoid surprising outcomes. Review beneficiary forms regularly and update them after life events. If you intend for certain assets to benefit a trust or to be distributed differently than beneficiary forms indicate, coordinate changes across all accounts and documents to align your estate plan.
Virginia recognizes holographic wills in limited circumstances if they meet statutory requirements, but handwritten wills can be more vulnerable to challenges and uncertainty about validity. Formal, witnessed wills typically provide greater reliability and reduce the risk of disputes during probate. For peace of mind and clearer enforceability, it is advisable to execute a will that meets Virginia’s witness and signing requirements or to consult with counsel about whether a handwritten will is appropriate for your situation.
For an initial will planning meeting, bring a list of assets and their ownership, recent account statements, existing estate documents, life insurance and retirement beneficiary forms, and information about family members and dependents. Details about business interests and real property are also helpful. Providing as much relevant documentation as possible allows for an efficient review, helps identify potential issues, and enables a tailored recommendation for wills, powers of attorney, and any complementary planning tools that may be needed.
To ensure a will is properly executed, follow Virginia’s formal signing and witness requirements, which generally include the testator’s signature and attestation by qualified witnesses. Proper execution reduces the chance of a will being declared invalid and minimizes delays during probate. Store the executed will securely and inform the personal representative or a trusted family member of its location. Consider keeping copies with your attorney and reviewing the document periodically to confirm it still reflects your wishes.
