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Wills & Estate Planning · Virginia

Four documents.
The simplest way to protect your people.

Will-based estate planning in Virginia generally takes four documents working together: a will, a financial power of attorney, an advance medical directive, and a guardianship designation. We prepare all four. Plain English, properly signed, and stored where you need them.

Talk With Us Call 571.260.0999

First call is a conversation, not a commitment.

What Estate Planning Actually Is

Estate planning is not about the day you die. It is about everything that happens before and after, without you in the room to decide.

4
Documents in a basic
Virginia estate plan
Will, POA, AMD, Guardianship
§ 64.2-200
Virginia intestate
succession statute
Applies when you have no will
§ 64.2-412
Will provisions for an
ex-spouse revoked at divorce
But not their family
50+
Years of combined
experience at the firm
Across three NoVa offices
The Basic Estate Plan

Four documents, each doing different work.

Each document covers a piece of your life that the others do not. Together they form the simplest reliable estate plan a Virginia adult can put in place.

01
Document 01

Last Will & Testament

Directs what happens to your probate assets, and names the people who will carry it out.
  • Names your executor (the person who manages the estate)
  • Directs distribution of property that is in your name alone
  • Names a guardian for any minor children
  • Can create testamentary trusts for children or others
Without it: Virginia decides who gets what, and a court appoints both your administrator and your children's guardian.
Va. Code § 64.2-403
02
Document 02

Power of Attorney (Financial)

Names the person who can handle your finances if you cannot, while you are still living.
  • Durable: continues to work if you become incapacitated
  • Covers banking, bills, tax filings, real estate, and investments
  • Customizable scope: broad or narrowly limited
  • Can take effect immediately or only upon incapacity
Without it: Your family must petition the court to appoint a conservator. The process is public, costly, and slow.
Va. Code § 64.2-1600+
03
Document 03

Advance Medical Directive

Names the person who can make medical decisions for you, and states your wishes about end-of-life care.
  • Names your healthcare agent (medical power of attorney)
  • States your preferences for life-prolonging treatments
  • Authorizes organ donation if you wish
  • Recognized at every Virginia hospital and nursing facility
Without it: Family disagrees, hospitals follow default protocols, and important decisions get made under stress by people who do not know what you would have wanted.
Va. Code § 54.1-2981+
04
Document 04

Guardianship Designation

For parents of minor children: names the person who will raise your children if both parents pass away.
  • Usually included as a provision inside your will
  • Court treats it as strong evidence of parental intent
  • Can name a primary choice and a backup
  • Reduces the risk of family disputes over custody of children
Without it: A Virginia court decides who raises your children, often with limited information about your wishes or your family.
Va. Code § 64.2-1701
If You Do Nothing

Your plan, or Virginia's plan.

Without an estate plan, Virginia has one for you by default. It is not the plan you would have written. Here is what changes, line by line, when you do nothing.

Decision
Your Plan
Virginia's Default
Estate Manager
You ChooseYou name the executor in your will, with a backup.
Court AppointsA court appoints an administrator under statutory priority rules.
Children's Guardian
You ChooseYou name the guardian in your will, often with a backup.
Court DecidesA court decides based on petitions filed by interested family members.
Finances if Incapacitated
You ChooseYour power of attorney names the person who will handle your money.
Court AppointsFamily must petition for a conservatorship in open court.
Medical Decisions
You ChooseYour advance medical directive names a healthcare agent and states your wishes.
Family or ProtocolFamily must agree, or hospitals follow default protocols and statutory priority.
Asset Distribution
You DirectYour will sets specific bequests, residuary shares, and trust provisions.
Statute DecidesVirginia's intestate succession statute, § 64.2-200, sets the shares.
Blended-Family Issues
You DecideYou can balance children from prior relationships with current spouse explicitly.
Default SplitsOne-third to spouse, two-thirds to children from prior relationships, by statute.
Charitable Gifts
You Include ThemAny causes, churches, or charities you name will receive what you direct.
Not PossibleWithout a will, intestate distribution makes no provision for charity.
Every line above is a decision the law is willing to let you make, if you take the time to make it. Source: Va. Code § 64.2-200 et seq.
Plans Are Not One-Time Documents

Reasons to review or update your estate plan.

An estate plan reflects your life on the day you sign it. Life moves. These are the moments that should send you back to your documents, even if you only spent an afternoon on them five years ago.

Marriage
Divorce
Birth or Adoption of a Child
Death of a Beneficiary
Death of an Executor or Agent
Move to a New State
Major Change in Assets
Buying or Selling a Business
Buying or Selling a Home
Serious Health Diagnosis
Disability of a Beneficiary
Marriage of a Child
Estrangement or Reconciliation
Change in Tax Law
Every Three to Five Years
The divorce note. Virginia automatically revokes will provisions that benefit a former spouse on divorce (Va. Code § 64.2-412). It does not remove the former spouse's family from your will, and it does not update your beneficiary designations on retirement accounts, life insurance, or transfer-on-death accounts. After a divorce, plan a full review of both.
What We Handle

Will-based estate planning, matched to your family.

From the basic four-document plan to the more specialized situations that come with blended families, business interests, and special-needs children, here is the work we take on.

01 /

The basic estate plan.

01

Last Will & Testament

The cornerstone document. Names your executor, directs asset distribution, and names guardians for any minor children.

Va. Code § 64.2-403
02

Power of Attorney

Names the person who can handle your finances if you cannot. Durable, customizable, and tailored to your situation.

Va. Code § 64.2-1600+
03

Advance Medical Directive

Names your healthcare agent and states your wishes about end-of-life care, life-prolonging treatments, and organ donation.

Va. Code § 54.1-2981+
04

Guardianship Designation

For parents of minor children: names who will raise your children. Usually included inside your will with a primary and backup choice.

Va. Code § 64.2-1701
05

Beneficiary Coordination

Retirement accounts, life insurance, and transfer-on-death accounts pass outside the will. We coordinate them with your plan.

Often Overlooked
06

Testamentary Trusts

Trust provisions inside the will that hold and distribute assets for minors or other beneficiaries on terms you set.

Trusts Inside Wills
02 /

Special situations.

07

Post-Divorce Updates

A clean update of all four documents after a divorce, including beneficiary designations and any guardianship changes.

Most Common Trigger
08

Blended-Family Planning

Balancing the needs of a current spouse, children from a prior relationship, and stepchildren so nobody is unintentionally cut out.

Step Families
09

Special-Needs Provisions

Special-needs trust provisions that preserve a child's access to SSI, Medicaid, and benefits, rather than disqualifying them with a direct inheritance.

Critical Protection
10

Business Owner Planning

Succession and continuity language for sole owners, partners, and LLC members so the business does not freeze on the day you cannot run it.

Continuity
11

Non-Traditional Families

Long-term partners, chosen family, and committed households whose relationships Virginia's default statutes do not recognize. We name them explicitly.

Explicit Beneficiaries
12

Plan Reviews

If you signed your plan years ago, we review what you have, identify what is out of date, and tell you plainly whether a full rewrite is the right move.

Honest Review
Alisa Chunephisal, Esq., family law attorney at NOVA Legal Professionals
Alisa Chunephisal, Esq. Family Law Attorney
Attorney Insights

A few honest things about estate planning.

"The four documents are not glamorous. They are the difference between a court figuring it out, and your family knowing exactly what you wanted."
  • 1

    The four-document plan is enough for most families

    Online ads make estate planning sound complex and expensive. The truth is that a will, a power of attorney, an advance medical directive, and a guardianship designation cover most Virginia families well. Complexity is added only when there is a reason for it. We tell you straight when there is, and when there is not.

  • 2

    Divorce changes everything, but not automatically

    Virginia revokes will provisions that benefit a former spouse, but only the former spouse, not their family. Beneficiary designations on retirement accounts and life insurance also do not update on their own. A post-divorce review of every estate planning document is one of the most important things we do for our family law clients.

  • 3

    The guardianship designation is the most important page for parents

    If you have minor children, the single most consequential decision in your estate plan is who raises them if both parents pass. Without a designation, a court decides among family members who may or may not be the right person. The page that names that guardian is the page worth getting right.

Talk With Us
Why Families Trust Us

Built on experience, expertise, and a real track record.

Estate planning works best when the lawyer knows your family and the law in equal measure. Here is what we bring.

Experience
50+

Years Combined

Decades of Virginia practice across family law and estate planning, often serving the same families on both.

Expertise
4

Document Plan

A clear, will-based framework that covers most Virginia families without unnecessary complexity.

Authority
AV

Preeminent Rated

Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.

Trust
5★

Verified Reviews

Real reviews from real Virginia families we have stood beside.

Recognition

Honored by clients and peers, year after year.

BusinessRate Top 10 Divorce Lawyer in Fairfax Virginia 2026
Avvo Client's Choice
Super Lawyers 2022-2026 Corrie Sirkin
AV Martindale-Hubbell 2026 Award
American Association of Attorney Advocates
National Association of Distinguished Counsel
AV Martindale Client Champion Gold 2026
Super Lawyers 2024-2026 Alisa Chunephisal
Attorney and Practice Magazine's Top 10 2021
America's Best Advocates Family Law Firm 2022
American Institute of Family Law Attorneys
Super Lawyers Rising Stars Corrie Sirkin
NAFLA 2018
Super Lawyers 2018
AV Preeminent 2019
Avvo Top Attorney Alisa Chunephisal
Avvo Rating 10 Top Attorney
Avvo 5 Star Reviews
Best of the Best Attorneys 2022
★★★★★
"They walked us through what felt overwhelming, and we left with documents we actually understood. I sleep better knowing this is taken care of."
Verified Client Review
In Their Own Words

Reviews from families we have stood beside.

Read what families across Northern Virginia have shared about working with our attorneys.

Questions Families Actually Ask

Plain answers about Virginia wills.

These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.

Have a specific question? Call 571.260.0999 or send us a message.
Do I really need a will?

Yes, especially if you have minor children, own property, or have specific wishes about how your assets should be distributed. Without a will, Virginia's intestate succession statute (Va. Code § 64.2-200 and following) decides for you, and a court appoints both the administrator of your estate and any guardian for your minor children. A basic estate plan in Virginia generally includes a will, a financial power of attorney, an advance medical directive, and a guardianship designation for any minor children.

What is the difference between a will and a trust?

A will directs the distribution of your probate assets after your death and names your executor and any guardian for minor children. It goes through probate. A trust is a legal entity that holds title to assets during your lifetime and continues after your death, generally avoiding probate. Trust-based planning is more complex and costly to set up. Will-based planning, supported by beneficiary designations and proper titling, is enough for most families. We help you decide which approach fits your situation.

What happens if I die without a will in Virginia?

Virginia's intestate succession statute decides for you. If you have a surviving spouse and no children from outside the marriage, your spouse inherits everything. If you have children from a previous relationship, your spouse receives one-third and your children share two-thirds. If you have no spouse, your children inherit, then your parents, then your siblings. A court will also appoint an administrator for your estate and a guardian for any minor children, all without your input. The statute is at Va. Code § 64.2-200 and following.

How often should I update my will?

At least every five years, and whenever a significant life event happens. Marriage, divorce, the birth or adoption of a child, the death of a beneficiary or executor, a major change in assets, a move to a new state, or a serious health diagnosis are all reasons to review. Smaller updates are sometimes done by codicil, but a full rewrite is often cleaner. Old wills with outdated names and outdated assets cause real problems for the family left behind.

Does my divorce affect my will?

Yes. Under Va. Code § 64.2-412, a divorce automatically revokes provisions of your will that benefit your former spouse, as if your former spouse had predeceased you. It does not automatically remove your former spouse's family from the will, and it does not automatically update your beneficiary designations on retirement accounts, life insurance, or other non-probate assets. After any divorce, both your estate plan and your beneficiary designations need a full review.

When You Are Ready

The simplest version of taking care of your people.

Tell us where you are and who you are protecting. We will walk you through the four documents, draft them in plain English, and have them properly signed and stored. Three Northern Virginia offices, one phone number.

Request a Consultation 571.260.0999