A will provides clear instructions for distributing property, naming a personal representative, and designating guardians for minor children. It reduces ambiguity about your wishes, helps avoid conflicts among heirs, and creates a lawful pathway for settling your affairs through the appropriate Virginia probate procedures, improving predictability for your family.
A comprehensive plan lets you specify timing and conditions for distributions, create trusts for minor or vulnerable beneficiaries, and set protections for assets. That level of precision helps align transfers with long-term goals, reduce unintended consequences, and provide for beneficiaries according to your priorities.
Clients rely on Hatcher Legal for measured guidance that aligns legal documents with personal and business needs. Our practice focuses on clear drafting, practical solutions for succession and asset transfer, and careful coordination among wills, powers of attorney, and beneficiary designations to reduce uncertainty.
Store the original will in a secure but accessible location and provide guidance to your personal representative. Revisit the will after life changes such as marriage, divorce, births, or significant financial events to confirm your plan remains up to date and effective.
A will is a legal document that sets out how you want your assets distributed and who should manage your estate after death. It can name a personal representative, provide for guardianship of minor children, and make specific bequests to individuals or organizations. Having a will helps ensure that your preferences are followed under Virginia probate procedures and reduces uncertainty for survivors. Without a will, state intestacy laws determine distributions, which may not match your intentions and can complicate administration for your family.
To be valid in Virginia, a will typically must reflect the testator’s capacity and be signed according to state formalities, including proper attestation by witnesses. Clear signature and witness execution reduce the risk of challenges and support the probate court’s acceptance of the document. It is important to ensure that the will’s language is clear, that intended beneficiaries are identifiable, and that the document coordinates with account beneficiary designations and deeds. Proper preparation and execution provide stronger assurance the will will function as intended.
You can change or revoke a will at any time while you have the required capacity by executing a new will or a codicil that amends specific terms. Expressly revoking a prior will, or creating a subsequent valid will that contradicts earlier provisions, typically overrides earlier documents. Informing fiduciaries and keeping the most recent original document accessible reduces confusion. If you make handwritten changes or destroy the original, formal steps may be needed to confirm revocation, so careful execution of amendments is recommended.
Review your will after major life events such as marriage, divorce, the birth or adoption of children, changes in financial status, or relocation. These life changes can materially affect beneficiaries, guardianship needs, and asset distribution, so timely updates help keep the plan aligned with current priorities. Periodic reviews every few years also allow you to verify that beneficiary designations on retirement accounts and insurance policies match your will’s intentions, avoiding unintended conflicts between documents at the time of administration.
A will itself does not avoid probate; rather, it directs how assets subject to probate will be handled. Probate is the legal process for administering assets that do not pass outside the will through beneficiary designations, joint ownership, or trust arrangements. To limit probate, consider coordinating beneficiary designations, retitling assets, or using trusts where appropriate. These tools can allow certain assets to pass outside probate, potentially saving time and preserving privacy for your heirs.
If you die without a valid will in Virginia, your estate will be distributed according to state intestacy laws, which prioritize spouses, children, and other relatives in a statutory order. The court will appoint an administrator to handle estate duties, which may lead to outcomes you would not have chosen. Intestacy can create delays and disputes among family members. Preparing a will allows you to express your preferences, select fiduciaries, and plan for the needs of minors or dependents rather than leaving decisions to default legal rules.
Choose a personal representative who is trustworthy, organized, and willing to handle administrative duties such as inventorying assets, paying debts, filing necessary paperwork, and distributing property. Consider geographic proximity and availability, as these practical factors affect the ease of administration. Also name alternate fiduciaries in case the primary is unable or unwilling to serve. A clear succession for this role prevents delays and ensures someone familiar with your wishes can step in when needed.
You can generally disinherit individuals in a will by excluding them from beneficiary provisions, but certain limitations apply under Virginia law, particularly regarding a spouse’s rights. Spousal electing rights may allow a surviving spouse to claim a share of the estate regardless of the will’s terms. Because family law and elective share rules can affect distribution plans, careful drafting and review are important when you intend to omit a close family member. Advice can help structure documents to reflect your intentions while complying with applicable statutes.
Wills themselves do not eliminate estate taxes; they determine distribution of assets at death. Federal estate tax applies only when an estate exceeds the applicable exclusion threshold, which changes over time, and state-level taxes may vary depending on jurisdiction and asset values. Comprehensive planning that includes trusts, gift strategies, and timing considerations may help manage potential tax exposure. For most estates below federal thresholds, practical distribution and administrative coordination remain the primary goals of a will.
While it is possible to prepare a simple will without a lawyer, legal guidance is valuable when your situation involves real estate, business interests, blended families, or potential disputes. Professional assistance helps ensure documents are properly executed and reflect applicable state rules to reduce the risk of avoidable challenges. Working with counsel also helps coordinate the will with beneficiary designations, powers of attorney, and other estate planning tools, producing a coherent plan that addresses incapacity and simplifies administration for your chosen fiduciaries.
