Frequently Asked Questions About Creating Wills in Virginia
Creating a will is a crucial legal decision you can make for your family’s future.
The attorney at NOVA Estate Planning, PLLC, provides comprehensive will preparation services in Virginia locations, including Arlington, Fairfax and Loudoun counties.
What happens if I die without a will in Virginia?
Dying without a will means that Virginia’s intestacy laws determine how your assets are distributed. Your property passes to surviving relatives in a specific order established by state law, starting with your spouse and children.
Intestacy can create complications, including lengthy court proceedings, family disputes and distributions that do not reflect your wishes. The court appoints an administrator to handle your estate, who may not be the person you would have chosen.
How often should I update my will?
You should review your will every three to five years or after major life events. Important triggers for will updates include:
- Marriage, divorce or remarriage
- Birth or adoption of children or grandchildren
- Death of beneficiaries or named executors
- Significant changes in asset values or new acquisitions
- Relocation to different states with varying laws
Regular reviews help maintain your will’s effectiveness and legal compliance with current Virginia statutes.
Can I name guardians for my minor children in my will?
Yes, Virginia law allows you to nominate guardians for minor children in your will. This nomination provides important guidance to the court about your preferences for your children’s care if both parents die.
While your nomination carries significant weight, the court makes the final guardianship decision based on the children’s best interests. Courts typically honor parental nominations unless compelling reasons exist to choose alternative guardians.
What is the difference between a will and a trust?
A will distributes your assets after death through the probate process, while a trust can transfer assets both during your lifetime and after death, while potentially avoiding probate. Wills become public records through probate court, whereas trusts typically remain private documents.
Trusts offer more control over asset distribution timing and conditions but require more complex administration.
How much does it cost to create a will with NOVA Estate Planning?
We offer a straightforward flat-fee structure for will creation, so you know exactly what to expect with no hidden costs. The fee covers your initial consultation, drafting, revisions, signing and ongoing support throughout the process.
What is the difference between estate administration and probate in Virginia?
Estate administration encompasses the entire process of managing a deceased person’s assets, while probate refers specifically to the court-supervised portion. Estate administration includes gathering assets, paying debts and distributing property to beneficiaries.
Probate becomes necessary when the deceased owned assets in their name alone or when estates exceed certain value thresholds. Not all estate administration requires probate, as some assets transfer outside probate.
What are my responsibilities if I am named an executor of a will?
Serving as an executor involves significant legal responsibilities that must be handled according to Virginia law. Your primary duties include:
- Filing the will with the appropriate court and obtaining legal authority to act
- Notifying all beneficiaries and creditors of the estate proceedings
- Inventorying and appraising all estate assets accurately
- Paying valid debts, taxes and administrative expenses
- Distributing the remaining property according to the will’s instructions
These duties carry personal liability if not performed correctly, making legal guidance valuable for protection.
What does a trustee do, and can I get help if I am serving as one?
A trustee manages trust assets for beneficiaries according to trust document terms. Key responsibilities include investing funds prudently, making specified distributions, keeping accurate records and acting solely in beneficiaries’ best interests.
Legal assistance helps you understand duties, navigate complex situations and protect yourself from potential liability while properly serving the trust’s purposes.
How long does the probate or trust administration process usually take in Virginia?
Virginia probate typically takes six months to one year, depending on estate complexity, creditor claims and potential disputes. Trust administration timelines vary based on trust purposes and distribution schedules.
Can NOVA Estate Planning, PLLC, serve as executor or trustee if I do not want to?
Yes, our firm can serve as executor or trustee when family members prefer not to accept these responsibilities. Professional administration relieves you of complex legal duties while providing experienced management of estates or trusts according to legal requirements.
Get In Touch Today
Ready to protect your family’s future with a comprehensive will? Contact NOVA Estate Planning at 703-794-5630 to speak with a Virginia wills lawyer in a free consultation. You can also contact us online.