What Is a Simple Will and Who Needs One in Virginia?

January 15, 2026

What Is a Simple Will and Who Needs One in Virginia?

Planning for the future isn’t just responsible — it gives you peace of mind knowing your loved ones will be cared for and your wishes will be followed. One of the most important legal steps you can take is creating a simple will, especially if you live in Virginia.

At Cheryl Benn Law, we help individuals and families in Hampton Roads and across Virginia prepare simple wills that clearly outline how assets should be handled after death. Whether you’re just starting your estate plan or updating an existing will, understanding what a simple will is and who needs one is key.

What Is a Simple Will?

A simple will is a legal document that states how you want your property and belongings distributed after you pass away. It allows you to:

Name beneficiaries for your assets
Appoint a personal representative (sometimes called an executor)
Specify guardians for minor children
Provide instructions for personal property

In Virginia, a simple will must meet certain legal requirements to be valid, including being signed by you and witnessed properly. A well-drafted will ensures your wishes are followed and reduces confusion or disputes among family members.

Who Should Consider a Simple Will in Virginia?

A simple will isn’t just for the wealthy — it’s for anyone who wants control over what happens to their assets. You should consider a simple will if you:

1. Own Property or Financial Accounts

If you own a home, vehicles, bank accounts, or investments, a simple will provides clear direction for how these should be passed on.

2. Have Children

Parents of minor children should name a guardian in their will. Without a will, the court decides who will care for your children.

3. Want to Provide for Loved Ones

A will helps ensure friends or family members receive the items or support you intend for them.

4. Have Specific Wishes for Personal Effects

From family heirlooms to personal keepsakes, a will allows you to detail who receives what.

Why Having a Will Matters in Virginia

Virginia law provides default rules for how assets are distributed if someone dies without a will (intestate). This can mean:

Assets go to certain relatives based on state law, not your wishes
Courts appoint a personal representative
Family members may face delays or legal proceedings

A simple will gives you control and minimizes stress for your loved ones during a difficult time.

How Cheryl Benn Law Can Help

At Cheryl Benn Law, we guide you through every step of creating your simple will. Our approach is personal and focused on your needs. We take the time to explain Virginia requirements and make sure your will reflects your intentions.

Whether you’re just starting your estate planning journey or refining your existing documents, we are here to support you.