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To create a will, you need to consider a few key details: who you are, what assets you have, and who you want to inherit them. After this, you simply write down your wishes, sign the document in the presence of two witnesses, and ensure those witnesses are available for probate if necessary.
This simple process ensures that your wishes are carried out, instead of leaving the distribution of your estate to the State. You see, if you die without a written will in Virginia, your assets will be distributed according to Virginia’s intestate succession laws, which typically prioritize immediate family members, such as your parents, spouse, and children, following a specific legal order.
Ideally, your will should simply act as a safety net for your other estate planning tools. Since court orders can be quite costly, it’s best to reduce the number of assets that need to go through probate by using will substitutes. This might involve choosing the right form of ownership—think tenants in common, joint tenancy, or tenants by the entirety—or designating payable-on-death beneficiaries for certain assets. By doing this, you can limit what ends up in probate, simplifying the process for your heirs.
An executor is the person you appoint to take your will through the probate process and ensure any remaining distributions are made according to your wishes. It’s important to choose someone trustworthy and capable of managing the administrative tasks involved.
While drafting a will is generally straightforward in Virginia, there are key errors to avoid. One major mistake is not including a witness attestation clause in a will. This clause allows your witnesses to affirm that the signature on the will is yours without having to appear in court later. Including this clause avoids potential complications if your witnesses are unavailable when the will is probated—such as if they’ve moved away or passed on themselves.
Your attorney can help you include this simple clause in your will, ensuring minimal disruptions and complications after you’ve passed on.
For more information on Drafting A Will, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (571) 260-0827 today.