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When someone dies without a valid will in Virginia, the state decides who inherits what. It doesn’t matter what your intentions were, what you promised your children, or what would actually make sense for your family. Virginia Code § 64.2-200 lays out a firm distribution structure that applies to everyone, regardless of your personal situation, your relationships, or your wishes.
That means an estranged relative could receive part of your estate, or a partner you never legally married could receive nothing. Every decision would be up to the court.
Without a wills attorney, you’re handing control over your legacy to a system that doesn’t know you.
A will is an estate planning document that allows you to control what happens after your passing in regards to your estate, and if you’re a young parent, a guardian for your minor children.
As a wills attorney serving Loudoun County for over 16 years, our team has seen firsthand what a valid and clear will prevents, and what the absence of one costs families in money, time, and relationships.
A will allows you to:
In Virginia, a will must meet the requirements set out under Virginia Code § 64.2-403 to be legally valid, including being signed in front of two witnesses. A document that doesn’t meet these standards will be rejected, leaving your estate right back in the hands of the courts.
Loudoun County is one of the wealthiest counties in the country, and Leesburg sits at its center. Many households here are managing high-value homes, dual incomes, investment accounts, and, in some cases, small businesses or rental properties. Young families near Tuscarora High School are thinking about guardianship, retirees near Lansdowne are thinking about what gets passed on and to whom, and business owners on King Street are thinking about succession.
Every one of these situations requires a different approach, and none of them are served by a generic online template that doesn’t account for Virginia law or your specific circumstances. They are served by an experienced wills attorney who knows the local laws and courts and has successfully created wills that protect their families as intended.
What will a will do if I already have a trust?
It’ll act as a “pour-over” will, working alongside your trust after your passing to catch any assets that weren’t transferred into it during your lifetime, ensuring all of your assets are held within your estate plan.
Will the law accept a handwritten will?
Yes, Virginia does recognize handwritten (holographic) wills under Virginia Code § 64.2-403, but they are definitely risky. If there is any vagueness, missing language, or a failure to meet requirements, it can be rendered invalid or trigger a court challenge. You’re better off working with a wills attorney.
What would happen to my kids if I don’t name a guardian?
A judge would decide in your favor. Without a named guardian in a valid will, the Loudoun County Circuit Court will determine who raises your children based on what it believes is in their best interest, which might not align with yours.
Your will is one of the most important decisions you’ll make in your life, and also one of the easiest to establish. We’re here to make sure the process is practical, smooth, and gives you clarity.
Get Started Today. Call us at (703) 202-0394
