A properly executed will provides legal clarity about guardianship for minor children, distribution of personal property, and appointment of a personal representative to manage probate. In Virginia, a will can reduce uncertainty and delay, helping families avoid conflict and accelerating the transfer of assets to beneficiaries according to your wishes.
Combining wills with funding of certain trusts and accurate beneficiary designations reduces the volume of assets subject to probate, which can shorten administration timeframes and lower court costs while maintaining clear stewardship of family property and business interests.
We focus on delivering practical, legally sound documents that reflect client priorities and comply with Virginia requirements. Our approach combines careful drafting with attention to how documents operate in real-world family and business situations to help minimize complications for successors.
Managing creditor claims, tax filings, and final accounting are important steps in wrapping up an estate. We assist in evaluating claims, negotiating settlements when appropriate, and preparing documentation for final distribution to beneficiaries.
Under Virginia law a will must be in writing, signed by the testator, and witnessed by two competent witnesses who observe the signing. The testator must have sufficient mental capacity to understand the nature and extent of property and the effect of making a will at the time of execution. If there are concerns about capacity or undue influence, the court may review evidence during probate. Using clear execution formalities and preserving proof of signing reduces the risk of later challenges and supports a smooth probate process.
Yes, a will is the appropriate place to nominate a guardian for minor children. Naming a guardian expresses your preference for who should care for and manage the affairs of your children if both parents are unavailable, and the court will consider this designation when making a guardianship decision. It is advisable to name both a primary guardian and an alternate in case the primary person is unwilling or unable to serve. Discussing your choice with the proposed guardian helps ensure they are prepared to take on the responsibility if needed.
Assets with designated beneficiaries, such as retirement accounts and life insurance, generally pass directly to the named beneficiary outside of probate and are not distributed through the will. It’s important to review beneficiary designations regularly to ensure they align with your will and overall estate plan. For assets held jointly with rights of survivorship, ownership typically passes automatically to the surviving joint owner. Coordination between titles, beneficiary designations, and your will prevents conflicts and unintended results during administration.
If someone dies without a will, Virginia’s intestacy rules determine how assets are distributed among surviving relatives, which may not match what the decedent would have chosen. A personal representative will still be appointed to administer the estate under statutory priorities and procedures. Intestate succession can create disputes and unintended outcomes, especially in blended families or when significant assets are involved. Creating a will ensures that your specific wishes are followed rather than default statutory distributions.
You should review your will after major life events such as marriage, divorce, births, deaths, significant changes in assets, or relocation. Regular reviews every few years also help catch outdated beneficiary designations, changed relationships, or shifts in asset ownership that could affect distributions. Updating a will keeps estate plans aligned with current wishes and legal requirements. Small changes may be achieved with a codicil in limited circumstances, but significant revisions are often better handled by preparing a new will to avoid confusion.
Yes, a will can be changed or revoked at any time while the testator has appropriate capacity. A new will that expressly revokes prior wills typically governs, or the testator can revoke a will by executing a formal revocation or by physical destruction of the document with intent to revoke. When making changes it is important to follow the same execution formalities required for a new will to reduce the risk of later challenges and ensure that the updated document is recognized as valid by the court.
The personal representative is responsible for managing estate administration including filing the will with the circuit court, marshaling and inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries in accordance with the will. This role requires organization and adherence to statutory duties. Personal representatives may work with legal counsel to prepare required filings, communicate with creditors and beneficiaries, and obtain court approval for distributions. When complex assets or disputes exist, guidance helps fulfill responsibilities while protecting the estate and personal representative from liability.
Wills become part of the probate record when filed in circuit court, which is generally public for the duration of the probate proceeding. Interested parties can typically request copies through the clerk’s office, though sensitive personal matters are often addressed privately via other estate planning tools before filing. To limit public disclosure of estate details, some people use trusts or other mechanisms in coordination with a will. Discussing confidentiality goals during planning helps determine appropriate document structures to balance privacy with legal effectiveness.
Having a trust does not always eliminate the need for a will. A pour-over will is commonly used to catch any assets unintentionally left out of a trust and direct them into the trust for centralized administration. Wills also allow guardianship nominations for minors, which trusts do not provide. Coordinating wills and trusts ensures assets are properly titled and beneficiary designations are aligned. Reviewing how property is owned and updating documents reduces the chance that assets will be subject to probate rather than trust administration.
Original wills are often kept in a safe deposit box, a lawyer’s file, or a designated location known to the personal representative or family members. Locating the original is important because probate courts typically require an original signed will to admit it to probate, although there are legal processes for proving a lost will in some cases. If you cannot find the original, contact the deceased’s attorney, look for safe storage locations, and consult the circuit court clerk. Legal counsel can advise on next steps, including filing a petition to admit a copy or to establish execution evidence if needed.
