After working hard all of your life, you’ve most likely secured a long list of belongings. The last thing that you want to happen to your material and financial things is for them to get taken over by an unwanted relative or someone who is not responsible. This is where a Virginia last will and testament can come in handy as a way to help you live life fuller and secure things for your family. In the last will and testament form, you have the power to select a person that will take charge, an executor, and choose your beneficiaries-those who you have selected to take over your property.
Download your fillable Virginia Last Will and Testament Form in PDF format:
– Adobe PDF
Is a Last Will and Testament Required in Virginia?
As of now, the state of Virginia does not oblige residents to have a will. However, it is recommended that you fill one out if you have the chance, especially if you have many assets you want to distribute accordingly. The last thing that you want is your assets to go to just anyone in your family. You have worked hard and earned the right to have a say in what happens to your property.
When filling out the last will, you have the right to choose two essential titles, one being the executor and the other being the beneficiaries. When thinking about someone to select as an executor, consider the job at hand and then find someone with the characteristics to get that job done. This should be a person you trust and someone who can take action, even under pressure, to make sure that all runs smoothly. If they cannot fulfill the duty, it is highly recommended to choose someone as an alternate so that you are sure that the other person jumps in and gets all the probate process going.
What Happens If I Die Without A Will?
Dying without a will happens. In the best-case scenario, all the family walks away happy and confident with the things that happened and are satisfied and left to grieve in peace. However, there is a lot of variability in the emotions that come attached to a loved one’s death, especially when it comes to distributing their property. If you’re to die without some document with your wishes, you could end up igniting struggles among family members.
Instead of your belongings going to those of your choosing, your property goes to the state without a will. In this event, they will handle and start the entire process but without any rush whatsoever. The normal process consists of a 1/3 allocation of your property to your spouse, and the other 2/3 go to your children. If neither one of those applies to you, your things wind up getting tossed around between family members until the state finds the next closest relative to take them over.
Exceptions for Distributions
Most of the property owned by the testator is eligible for inclusion in the last will. The only cases in which they are not valid are that properties are joint in ownership or if the spouse decided to overturn. Because the spouse is legally able to claim ownership of half of all possessions, they have the right to contest during the probate process if they feel that something was done without their consideration.
How to Fill Out A Last Will?
The Virginia’s code section 64.1-46, et seq. states that if you are a person with a good head on your shoulders and are of legal age, you can create a living will. This takes only a few things; the rest is easy. After selecting those you want to take over your property, you can handwrite your will. You’ll need to include your beneficiaries’ names, making sure to add a list of all of the properties that you wish each one to have. Once you have everything written down, you will need to sign in the presence of 2 witnesses.
Handwritten wills are accepted in Virginia and only require that the witnesses verify that the handwriting is valid. As long as these things check out, you can legally fill out and file the last will.
Can I Change My Will?
Once you fill out everything and file the will, you can change it at any time. Though the last will holds up in court and is legally binding, it can be changed when a proper amendment is formed or when another will is filed. In this case, the previous will is overwritten, and the new one takes over. This is the best option to use if things wind up changing, as life is always a bit unpredictable.
Fill Out Your Will Today
Creating a Virginia last will and testament is simple, especially with the help of our customizable template. Visit our website to find a free form that you can fill out in minutes. Death is most often not an easy subject. But you can rest easier knowing that the things you work hard for will go to those you love by taking the help of the last will. Secure your future and live your life more fully knowing that your belongings will go to the right people.
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