Estate Planning and Probate

Frequently Asked Questions

 

Click on any question below to view the answer to that question.

Where should I keep my will?

You should keep your will in a safe deposit box at a financial institution or a fire-proof safe.

How do I update my existing will?

You can create a new will or amend the existing will.

How do I revoke my existing will?

You should destroy the will and all copies if you choose to revoke your Will.

If I get a divorce, does it revoke my will?

No, a divorce or annulment revokes any appointment of property made by the will to the former spouse; however, you should still execute a new will to cover your changed circumstances.

Can I put a “no contest clause” in my will?

Yes, a “no contest clause” is valid and enforceable.

What is the difference between an Estate Executor and an Administrator?

An executor or administrator of an estate has the same responsibilities in that they administer a decedent’s estate. The difference is an executor is named in a decedent’s will to distribute properties as the decedent has directed while an administrator is usually appointed by the court if no will exists, no executor was named in the will, or the executor named in the will has passed away.

How often should I update my will?

It is recommended that you update your will every five years or any time you and your family experience a major life change (i.e. change in marital status, birth of a child, death of a beneficiary, substantial changes in the value of your estate, etc.).

Helpful Link

Fauquier County Circuit Court (Wills and Estates)