Families at Risk: Only about 25% of Americans have a will today—an alarming drop from recent years. This means the vast majority of families are leaving it to the courts to decide what happens to their homes, bank accounts, and even who cares for their children.
In Virginia, the problem is even more insidious. Many residents assume that because the state doesn’t impose an inheritance or estate tax, estate planning is unnecessary. But this misconception can lead to major financial and emotional setbacks. Without a will, probate costs, legal fees, and family disputes can quickly erase any perceived security, leaving families in turmoil.
With National Estate Planning Awareness Week (October 20–26) approaching, our attorneys are urging Virginians to reconsider their approach to estate planning. Now is the time to take control of your future and protect your loved ones from the consequences of inaction.
What Every Virginian Should Know About Wills
- Virginia’s basic requirements
To be valid, a will must be in writing, signed by the person making it, and witnessed by two individuals. A notary isn’t required, but adding a notarized “self-proving affidavit” can save time and money during probate. - The dangers of DIY wills
Free online templates and advice shared on social media often overlook Virginia’s specific signature and witness rules. A simple mistake can get a will rejected in court—or lead to lengthy, expensive probate proceedings. - Probate still costs money
Even without an estate tax, Virginia charges a probate tax of $1 per $1,000 on estates worth more than $15,000, plus local court fees. For families with property, savings, or investments, those costs add up quickly. - Young adults need plans too
Estate planning isn’t only for retirees. Parents need to document guardianship choices for their children, while many young adults should consider healthcare directives, powers of attorney, and instructions for digital assets like social media accounts or cryptocurrency. - Change is on the horizon
On January 1, 2026, the federal estate and gift tax exemption will rise to $15 million per person (indexed). That makes 2025 an important year to review your estate plan and beneficiary designations—before tax laws shift again.
No Will? Virginia Law Writes One for You
If you don’t leave a will, Virginia law decides how your assets are divided. That may not match your wishes. For example, surviving spouses don’t always inherit everything, and blended families often face added complications.
“Estate planning isn’t just for the wealthy—it’s for anyone who wants peace of mind,” says the FGML estate planning team. “Without it, your family could face unnecessary costs, delays, and disputes at one of the hardest times of their lives.”
Take the Next Step
National Estate Planning Awareness Week is the perfect opportunity to review your will—or create one for the first time. By working with an experienced attorney, you can protect your family from unnecessary expenses and ensure your wishes are carried out.
Contact Friedman, Grimes, Meinken & Leischner, PLLC to schedule a consultation and take control of your future today.