When someone passes away, the family they leave behind would often have to navigate the legalities of distributing their estate, all while dealing with grief. If you and your family are in this situation, one of the most crucial steps is determining whether your loved one left a will.
In Virginia, the will is vital for proper estate administration. It ensures that your loved one’s final wishes receive the honor they deserve and their assets reach their intended beneficiaries. However, finding a will is not always straightforward. They could be misplaced or even intentionally hidden. Where should you begin your search for this vital document?
Check their personal records
The first step in your search should be thoroughly examining your loved one’s records. If you have access to their home, pay special attention to areas where they stored essential documents, such as tax returns, insurance policies or financial statements. If you find other estate planning documents, such as trusts or powers of attorney, these could indicate the existence of a will.
Look into the will registry
Virginia maintains a will registry where individuals can record the existence and location of their wills. While registration is voluntary and not all wills are registered, it is still worth checking this resource to confirm whether the deceased drafted a will.
Reach out to their attorney
If your loved one worked with an attorney for estate planning or other legal matters, this professional might have valuable information about the existence of a will. Attorney-client privilege continues after death, so they may be unable to disclose certain information. However, they can still offer valuable insights and direction on what to do next.
From search to action
As you move forward, take comfort in knowing you have done your due diligence. Whether you have found a will or not, the following steps are crucial in honoring your loved one’s legacy. If you have located a will, work with the necessary parties to fulfill your loved one’s wishes. If your search did not yield results, you still have a clear path to proceed under Virginia’s intestate succession laws.