A will ensures your property passes according to your wishes, provides for children or dependents, and appoints a trusted personal representative to administer your estate. It also enables you to name guardians, specify funeral preferences, and reduce family uncertainty by setting clear expectations that can ease the probate process in Virginia courts.
Clear, well-documented estate plans reduce the likelihood of disputes among heirs by providing unambiguous directions for distribution and responsibilities. When intentions are documented and supported by complementary documents, families face fewer surprises and courts are less likely to become involved in resolving disagreements.
Clients work with Hatcher Legal because we emphasize straightforward legal guidance and attention to detail. We help translate personal goals into durable documents, coordinate beneficiary designations, and prepare the necessary paperwork to reduce ambiguity and make estate administration more predictable for survivors.
Store the original will in a secure location, inform the personal representative where it is kept, and review the document periodically or after major life changes. Regular reviews ensure the will continues to reflect current wishes and aligns with other estate planning documents and beneficiary designations.
A will directs how property owned in your name should be distributed at death and allows you to name a personal representative to handle estate administration. It can also appoint guardians for minor children and provide for specific gifts or residual distributions to ensure your intentions are followed. While a will is a foundational estate planning document, some assets pass outside probate by beneficiary designation or joint ownership. Reviewing all account titles and designations ensures your overall plan aligns so that named beneficiaries and the will work together to distribute assets as intended.
Choose a personal representative who is organized, trustworthy, and willing to manage administrative duties such as paying debts, filing tax returns, and communicating with beneficiaries. Consider someone geographically available to handle estate matters in a timely manner and comfortable dealing with court procedures if necessary. Naming an alternate representative is also important in case your first choice is unable or unwilling to serve. Discuss the role beforehand to confirm their willingness, and consider professional fiduciaries when family members are unsuitable or when estates involve complex financial or legal issues.
Yes, you can change or revoke a will at any time while you have legal capacity. Common methods include executing a new will that expressly revokes prior wills or creating a codicil to amend specific provisions. Formal execution requirements apply to ensure the changes are valid under Virginia law. It is important to follow proper formalities when modifying a will to avoid questions about validity. After significant life events such as marriage, divorce, births, or changes in assets, update your will to reflect current wishes and to prevent unintended distributions under older documents.
Not all assets pass through probate. Assets with designated beneficiaries, such as retirement accounts and life insurance policies, transfer directly to named beneficiaries. Jointly owned property with rights of survivorship also typically bypasses probate, passing to the surviving owner automatically. A will controls only the assets that are part of your probate estate. Reviewing titling and beneficiary designations is essential to ensure the will covers remaining property as intended and to coordinate nonprobate transfers with your overall estate plan.
You can name a guardian for minor children in your will to express your preference for who should care for them if you and the other parent are unavailable. Courts generally give substantial weight to a parent’s designation, but judges will ultimately decide based on the child’s best interests. It is prudent to name both primary and alternate guardians and to consider whether you want assets held in trust for a child’s benefit. Clear instructions and accompanying financial arrangements ease transitions and help ensure the guardian can provide appropriate care.
Virginia statutes require that a will be in writing, signed by the testator, and witnessed by two competent adults who sign in the testator’s presence. Following these formalities helps ensure the will is recognized as valid by the probate court and reduces the risk of successful challenges. Although notarization is not required for a simple will, having an acknowledgment from a notary can simplify probate by allowing a will to be admitted without further proof. Careful execution consistent with Virginia requirements protects the document from procedural defects.
Trusts provide alternatives to wills and can be useful for avoiding probate, managing assets for minors or incapacitated persons, and addressing more complex tax or legacy planning needs. Deciding between a will and a trust depends on the size of your estate, asset types, privacy concerns, and long-term goals. Many clients use both wills and trusts as complementary tools. A will can act as a safety net for assets not included in a trust and can name guardians, while a trust can handle ongoing management and avoid probate for assets moved into it during life.
Costs for preparing a will vary depending on complexity, whether complementary documents are needed, and whether estate analysis or asset retitling is required. Simple wills may be handled at modest cost, while plans involving trusts, business succession, or complex distributions require additional time and planning. We provide transparent fee discussions during the initial consultation to align services with client needs. Investing in thoughtful planning can reduce future administration costs and family disputes, which often outweigh the initial preparation expense.
After signing, keep the original will in a secure location such as a safe deposit box, attorney file, or a trusted home safe, and inform your personal representative where it is stored. Avoid distributing the original document among many family members to prevent loss or tampering. It is also helpful to provide copies to the named personal representative and to keep a record of the document’s location in your estate planning file. Ensure successors know whom to contact so the will can be located and submitted to probate when appropriate.
Update your will after major life events including marriage, divorce, births, deaths, changes in assets, or relocation to another state. Significant changes in family structure or financial circumstances can render older provisions inconsistent with your current wishes or legal needs. Regular reviews every few years are recommended even without major events, to confirm beneficiaries, personal representative choices, and distribution plans remain appropriate. Periodic updates help ensure your plan continues to reflect your intentions and current legal standards.
