Northern Virginia has become one of the fastest-growing regions in the country, drawing people from across the United States – and the world – for jobs, opportunities, and community. If you’ve recently moved here from another state, you may assume your existing estate plan travels with you. It might, but documents drafted elsewhere can miss key requirements under Virginia law, and gaps in your plan can create real problems for the people you’re trying to protect. Here’s what to review when you make Virginia home.

Re-Execute Your Will Under Virginia Rules

Virginia has specific requirements for a valid will, including the signatures of two witnesses. Rather than relying on an out-of-state document that may not meet those standards, it’s worth having a local attorney review your existing will and re-execute it under Virginia law if needed. This is a straightforward step that can prevent significant complications down the road.

Update Your Living Trust and Successor Trustees

If you have a revocable living trust, take a close look at who you’ve named as successor trustees. Trustees unfamiliar with Virginia’s Trust Code may face unnecessary friction when the time comes to administer your trust. Updating your successor trustees to someone who understands local procedures – or at minimum, working with a Northern Virginia attorney who can guide them –  ensures your plan works as intended.

Secure Your Agents with Virginia Powers of Attorney

A durable power of attorney and a healthcare power of attorney are two of the most important documents in any estate plan, and Virginia law has specific requirements for both. If your existing documents were drafted in another state, they may not be immediately effective here. Executing new forms under Virginia law ensures your chosen agents can step in on your behalf without delay if something happens to you.

Retitle Real Estate and Refresh Beneficiary Designations

If you’ve purchased a home in Virginia or transferred property here, make sure your real estate is titled in a way that aligns with your estate plan. Virginia offers options that can allow property to pass directly to your heirs without going through probate, which can save time and stress for the people you leave behind.

At the same time, this is a good moment to review your retirement accounts, life insurance policies, and payable-on-death bank accounts. Beneficiary designations travel with the account,  but a move is often when people realize their designations are outdated or don’t reflect their current wishes.

A Fresh Start, With a Plan That Fits

Relocating to Virginia should feel like an opportunity, not a legal headache. Reviewing and updating your estate plan is one of the most meaningful things you can do in your first year here, both for yourself and for the people who matter most to you.

If you’ve recently moved to Northern Virginia and want to make sure your plan is in good shape, we’d love to help.

Schedule a consultation with Bryn here.

Frequently Asked Questions

Is my out-of-state will valid in Virginia? Possibly, but it’s not guaranteed. Virginia will generally recognize a will that was valid in the state where it was executed, but there are exceptions, and an out-of-state will may still create complications in Virginia probate. Having an attorney review your existing documents is the safest first step.

Do I need new powers of attorney if I move to Virginia? Yes, in most cases. Virginia has specific statutory requirements for durable and healthcare powers of attorney. Documents drafted in another state may not meet those requirements, which could limit your agent’s ability to act on your behalf when it matters most.

What is probate, and how does Virginia handle it? Probate is the court-supervised process of administering a deceased person’s estate. Virginia’s probate process can be time-consuming and costly, depending on the size and complexity of the estate. Proper planning – including the use of trusts, beneficiary designations, and proper titling –  can help your loved ones avoid it entirely or minimize its impact.