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In Virginia, if a decedents estate is small enough, the law allows you to skip probate altogether and use a simplified process. Otherwise, you'll need to go through a formal probate process in court.

The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.

Because the original will is needed to be filed and a copy often cannot be used, it is important for a testator to know where his or her will is. There are several places where a will can be kept. One of the places that may be complicated or difficult to retrieve is a safe deposit box.

One dies intestate if that person does not have a valid will at the time of death. If a person dies intestate, then the laws of the Commonwealth of Virginia, in effect at the time of death, determine who the heirs are and hence who receives the decedent's property.

No, you are not required to use a lawyer to make a Will in Virginia. There are some situations, like a complex estate or difficult family relationships, where it may be beneficial to consult a lawyer.

Virginia Code § 64.2-401. You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file.

over will is a type of will that works in partnership with a living trust. It's designed to ?catch? property you didn't put in your trust during your lifetime ? letting the court know you want these assets transferred to your trust after you die.

over will is intended to ensure that an individual's remaining assets?those that are not already included in a trust they had previously established?will automatically transfer to the trust when they die.

Virginia does permit handwritten wills (Virginia Code § 64.2-403), but they are usually not a good idea. To finalize your will in Virginia: you must sign or acknowledge your will in front of two witnesses, and. your witnesses must sign your will in front of you.