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Do you have a Valid Will? What you need to know

Ensuring that your Will Is Valid for Virginia Beach Probate Court

Just this past week I was in the Probate Clerks office in Virginia Beach. The first thing that the clerks do is to verify that the will that is being presented is valid.   Just like contract law sets forth a variety stipulations that define a valid contract, the Virginia Law defines what has to be present to have a valid will and the clerks do look!  Without a valid will you will not receive the Qualification Certificate.    So, what should  a will have to contain to be valid?  

What constitutes a Valid Will in Virginia:

Planning for the future includes making sure your loved ones are taken care of after you're gone. A will is a legal document that outlines your wishes for your assets and belongings. Having a valid will in Virginia Beach can ensure a smooth probate process and avoid confusion among your heirs.
 

The key requirements for a valid will in Virginia Beach:

In Writing (on Paper!):

Your will must be a physical document, not stored electronically.

18 and Mentally Competent:

You must be at least 18 years old and of sound mind to create a valid will.

Witnessed & Notarized: 

Witnessing by Two Disinterested People: Two impartial witnesses who are not related to you and aren't receiving anything from your will need to witness you signing it. They should be 18 or older.

Signed:

You must sign the will yourself, clearly indicating your signature.

Who will carry out your wishes?

Your will should also name an executor, also known as a personal representative. This trusted person is responsible for managing your estate and distributing your assets according to your instructions. You can even name co-executors to share the responsibility. What about your stuff? Your will can specify your wishes for your belongings, including real estate (like your house or land) and personal property (like furniture, cars, or jewelry). You can explain how you want these items to be divided or sold.

Burial wishes

Your will can also outline your preferences for your final arrangements, such as burial or cremation.

Remember, this is for informational purposes only

While this gives you a general idea, it's always best to consult with a Virginia Beach probate attorney to ensure your will meets all legal requirements and accurately reflects your wishes.  If you need a referral to local attorneys that we trust let us know using the form below


Would you like more information, help or need a referral? 

We are here to guide you.  Many times our services are free, especially for information and resources such as VETTED Referrals.    
 

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