Probate and Estate Administration

Probate and Estate Administration

When a loved one passes away, the surviving interested parties should consult with an attorney about the necessity of probate and the probate process.  Broadly speaking, probate is the process of recording a deceased person’s (decedent’s) Last Will and Testament, if one exists, and administering the decedent’s estate.  In Virginia, the Circuit Court for the county or city where the decedent resided has jurisdiction over the probate process. During the probate appointment, the Clerk of the Circuit Court will review the Will, if one exists, to determine if it meets the requirements for Wills under Virginia law, collect the probate fee and taxes, and qualify an Executor or Administrator to administer the estate.  It is the Executor/Administrator’s responsibility to locate and marshal the decedent’s assets, pay the decedent’s final debts, expenses, and taxes, and distribute the assets to the proper beneficiaries.

Every state has different probate practices and procedures, and probate may not always be necessary or advisable.  Sometimes assets may automatically pass outside of probate due to beneficiary designations or survivorship provisions.  There are also special provisions in the law that provide alternatives to probate for certain types of assets and in certain situations.  Sometimes estates are insolvent due to the decedent’s debts exceeding the decedent’s probate assets, requiring special considerations.  Therefore, it is always best to consult with an attorney before moving forward with probate to try to simplify the process as much as possible and make the correct decisions from the start.

We advise and assist Executors and Administrators with the probate and estate administration process from start to finish.  We assist with the initial determination of whether probate is necessary and whether qualification of an Executor/Administrator of the estate is necessary.  If an estate is opened, we can assist the Executor/Administrator with the preparation of probate filings such as inventories and accountings, arranging for a hearing to obtain court approval for final distribution to mitigate personal liability, and answering questions throughout the process.  If there is a trust involved, we can also assist the Trustee with administration of the trust.

Contact us at 540.745.4435 to schedule a consultation.