Rotate Legal Virginia Pour Over Will Forms For Free

By transferring assets into the trust during their lifetime, the grantor can avoid probate and ensure that their assets are distributed ing to their wishes upon death.

A will not wholly in the testator's handwriting is not valid unless the signature of the testator is made, or the will is acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time and who subscribe the will in the presence of the testator.

As mentioned, whether a will needs to go through probate will depend on several factors. Essentially, a will should be filed or go through probate if: The decedent had a will and owned real property solely in their name. The decedent had a will and owned personal property solely in their name.

Making a Will in Virginia Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses. Store your will safely.

The sheer fact that someone is nominated in a last will and testament does not necessarily mean that this person has any authority to collect assets or to make any distribution. The will must first be filed with the clerk of the court in the Commonwealth of Virginia.

In Virginia, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).