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An antiquated term that refers to the document written by a testator that details what is to happen to property owned by that testator upon death. This term is still frequently used in an interchangeable way to mean a will, though to be precise a last will and testament refers to the most recent version of a will.
A last will and testament is an estate-planning document that explains and clarifies what you want to happen with your property at the time of your death, among other things. Your will provides all the essential and necessary details of who will inherit your property.
If a surviving spouse exists, and there are no existing children of the decedent, the surviving spouse will inherit the decedents estate in its entirety, including any real property.
Two of the most common used for estate planning are often confused for each other. A trust created while an individual is still alive is a living (or inter vivos) trust, while one established upon the death of the individual is a testamentary trust.
Steps to Create 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 childrens property. Make your will. Sign your will in front of witnesses.
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Although the law does not require a will to be docHubd, it is a highly recommended practice followed by most lawyers. If the will includes a docHubd Self-Proving Affidavit, the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses.
An antiquated term that refers to the document written by a testator that details what is to happen to property owned by that testator upon death. This term is still frequently used in an interchangeable way to mean a will, though to be precise a last will and testament refers to the most recent version of a will.
In Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have surviving children or their descendants who are not also the children or their descendants of your surviving spouse, your children and the descendants of any deceased child divide two-thirds of your
A will or testament is a legal document that expresses a persons (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution.
Similar to the intestate succession laws of most states, spouses in Virginia are given hefty rights to inheritance. First and foremost, if you die leaving solely a surviving spouse behind without children, they will receive your entire estate.

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