A will grants you control over who receives your assets, names a fiduciary to manage the estate, and can designate guardians for minor children. Having a will simplifies the probate process, can reduce family disagreements, and provides clear instructions for distribution of personal and real property located in Virginia and elsewhere.
Integrated planning lets you determine not only who receives assets but when and how distributions occur, which is helpful for beneficiaries who may need staged distributions or oversight. Trusts and tailored estate provisions offer tools for protection of inheritances while accommodating beneficiary needs and personal goals.
Clients work with Hatcher Legal for attentive guidance through wills and probate matters, receiving thorough preparation and plain-language explanations of how Virginia law affects their plans. The firm emphasizes responsiveness and careful document drafting to avoid common pitfalls during probate and estate administration.
After debts and taxes are addressed and assets are marshaled, we assist in distributing property to beneficiaries according to the will and court approval. We then prepare closing documentation and reports to the court where required to conclude administration and relieve the personal representative of ongoing obligations.
If you die without a will in Virginia, your estate will be distributed according to state intestacy statutes which prioritize spouses, children, and other relatives. This process can result in distributions that do not match personal wishes and may require court supervision to appoint an administrator and allocate assets. Intestacy can complicate matters for blended families and leave important decisions, like guardianship for minor children, to the court. Drafting even a simple will provides direction to avoid default distributions and helps ensure your preferences are respected by the probate court.
You should review your will after major life events such as marriage, divorce, birth or adoption of a child, acquisition or sale of significant assets, or death of a beneficiary. Regular reviews every few years are also advisable to ensure beneficiary designations and personal circumstances remain aligned with your plan. Updating a will after changes prevents unintended outcomes and reflects current relationships and financial realities. Periodic reviews also allow you to adjust for changes in law, taxes, or family dynamics that could affect how your estate is handled after your death.
Yes, you can change your will by executing a new will that revokes the prior one or by creating a codicil that amends specific provisions, provided the change meets the same formal requirements as the original will. Proper execution with required witnesses is essential to avoid challenges to the modification. Because informal changes or handwritten notes may not be legally effective, it is best to update wills through formal documents prepared to meet Virginia’s statutory execution standards. This ensures clarity and enforceability when the document is presented for probate.
Name someone you trust and who can handle administrative tasks, communicate with beneficiaries, and follow court requirements as your personal representative. The role involves inventorying assets, notifying creditors, filing tax returns, and managing distributions under court supervision, so reliability and organizational skills matter. Consider geographic proximity and willingness to serve when choosing a representative. A family member, close friend, or professional fiduciary can serve in this role; if a family member lacks time or capacity, naming a trusted professional or co-representative may be appropriate.
Beneficiary designations on retirement accounts, life insurance, and some financial accounts generally supersede instructions in a will because those assets pass directly to named payees outside probate. It is important to ensure beneficiary forms and will provisions are coordinated to avoid unintended conflicts or gaps in distribution. Regularly review account beneficiary designations, especially after life changes, and consult with counsel to align these designations with your broader estate plan. Coordination reduces the likelihood of assets passing in ways you did not intend.
A will itself does not avoid probate; it provides instructions for distribution during the probate process. Probate is often necessary to validate the will, transfer title to certain assets, and allow the personal representative to settle debts and distribute property according to the will’s terms. Some assets may pass outside probate through beneficiary designations or jointly held property. When avoiding probate is a priority, combining wills with other planning tools such as trusts or appropriate titling may be recommended to accomplish those goals.
Virginia requires that a will be in writing, signed by the testator, and witnessed by at least two competent witnesses who sign in the presence of the testator. These formalities help ensure the document reflects an intentional testamentary act and reduce the risk of later challenges to validity. Following proper witnessing and execution procedures is important to prevent disputes during probate. If questions arise about capacity or undue influence, meeting statutory formalities provides stronger protection of the document’s enforceability in court.
Yes, you can nominate a guardian for minor children in your will to guide the court’s decision if both parents are unavailable. Naming a guardian expresses your preference for a caregiver and helps the court understand the arrangement you consider best for the child’s welfare. Because guardianship is a weighty decision, discuss options with potential guardians in advance and consider backup nominations. Providing instructions about the guardian’s responsibilities and any financial provisions for child support or trust funding can further ensure proper care and management.
Costs to prepare a will vary depending on complexity, whether complementary documents like powers of attorney or trusts are needed, and the level of customization required. Simple wills and basic planning are often more affordable, while larger estates or plans involving trusts and business succession planning typically require additional drafting and review time. During an initial consultation we can outline likely costs and options tailored to your needs and budget. Transparent fee discussions help clients choose an appropriate level of service and ensure they understand the resources necessary to complete their estate plan.
Bring identification, a list of assets including real estate, bank and investment accounts, retirement accounts, business interests, and current beneficiary designations. Also bring copies of any existing estate planning documents, deeds, or trust documents so the attorney can assess how those items interact with a new will. Providing family information such as names, ages, and contact details for potential beneficiaries and guardians is also helpful. These materials speed the intake process and enable practical recommendations for drafting a will that reflects your circumstances and goals.
