Why Having a Will Is Essential When You Have a Family in Virginia

When you have a family, planning for the future is about more than finances—it’s about protecting the people you love. While many Virginia families plan for education, homeownership, and retirement, one critical step is often delayed: creating a legally valid will.

Under Virginia law, a will allows you to make clear decisions about your family, your property, and your legacy. Without one, the Commonwealth of Virginia—not you—determines how your estate is handled. For parents and spouses, this can lead to outcomes that don’t reflect your wishes or your family’s needs.

What Happens If You Die Without a Will in Virginia?

If a Virginia resident dies without a will, they are considered to have died intestate. In that case, Virginia’s intestacy statutes (Virginia Code § 64.2-200 et seq.) control who inherits and in what amounts.

Depending on your family structure, this may mean:

• Your spouse does not inherit your entire estate
• Assets are divided between a spouse and children in fixed shares
• Children from prior relationships inherit immediately
• The court appoints an administrator to manage the estate

Virginia intestacy laws are designed to apply broadly. They do not consider personal relationships, family dynamics, or individual intentions—making a will essential for families who want certainty and control.

A Virginia Will Lets You Control Asset Distribution

A properly drafted Virginia will allows you to decide:

• Who inherits your real estate, bank accounts, and personal property
• How much each beneficiary receives
• How family heirlooms or sentimental items are distributed
• Who should not inherit under any circumstances

Without a will, these decisions are made according to statutory formulas, which may conflict with your goals for your family.

Naming a Guardian for Minor Children in Virginia

For parents of minor children, this is one of the most important reasons to have a will.

Virginia law allows parents to nominate a guardian for minor children in a will (Virginia Code § 64.2-1707). While a court must formally appoint the guardian, judges give strong consideration to the parent’s nomination unless there is a compelling reason not to.

By naming a guardian in your will, you can:

• Choose someone you trust to raise your children
• Consider values, parenting style, and long-term stability
• Reduce uncertainty and family conflict
• Provide guidance during an emotionally difficult time

Without a will, the court must make this decision without knowing your preferences.

Making Probate Easier for Your Family

Probate is the court-supervised process of settling an estate. In Virginia, probate is often required even when a will exists—but having a clear, valid will makes the process far more efficient.

A will allows you to:

• Name an executor to manage your estate (Virginia Code § 64.2-500 et seq.)
• Reduce delays and confusion
• Minimize disputes among family members
• Help your loved ones move forward more quickly

When someone dies without a will, the court must appoint an administrator, which can increase costs and stress for surviving family members.

Protecting Your Spouse Under Virginia Law

Many Virginia residents assume their spouse will automatically inherit everything. That is not always the case.

Under Virginia intestacy law:

• If all children are shared by both spouses, the surviving spouse may inherit the entire estate
• If either spouse has children from another relationship, the estate is divided between the spouse and the children

A will allows you to:

• Ensure your spouse is financially secure
• Address the needs of children from prior relationships
• Prevent unintended distributions
• Coordinate your will with beneficiary designations and trusts

This is especially important for blended families, second marriages, and families with unequal financial needs.

Planning for Children’s Inheritances in Virginia

Virginia law does not allow minor children to manage inherited property on their own. Without proper planning, the court may need to appoint a conservator to oversee a child’s inheritance (Virginia Code § 64.2-1800 et seq.).

A will can:

• Delay distributions until children reach a responsible age
• Create trusts for minor children
• Provide for education, healthcare, and support
• Protect inheritances for children with special needs

This level of planning ensures your assets truly benefit your children, rather than being tied up in court oversight.

You Don’t Need to Be Wealthy to Need a Will in Virginia

A common misconception is that wills are only for high-net-worth individuals. In reality, most Virginia families benefit from having one.

If you:

• Own a home or land in Virginia
• Have bank accounts, retirement accounts, or life insurance
• Own personal property
• Have minor children
• Want peace of mind

Then a Virginia will is essential.

Why Work with a Virginia Estate Planning Attorney?

Virginia has specific legal requirements for creating a valid will, including execution and witnessing rules (Virginia Code § 64.2-403). Errors can result in delays, litigation, or an invalid will.

A Virginia estate planning attorney can:

• Ensure your will complies with Virginia law
• Tailor your estate plan to your family’s needs
• Coordinate your will with trusts, powers of attorney, and advance medical directives
• Update your plan as laws and life circumstances change

Online templates often fail to address Virginia-specific requirements and family complexities.

Peace of Mind for Virginia Families Starts with a Will

Creating a will is one of the most important steps you can take to protect your family. It ensures your wishes are honored, your loved ones are cared for, and unnecessary stress is avoided.

For Virginia families, a well-crafted will provides clarity, security, and peace of mind—now and for the future.