Probate & Estate Administration Attorneys

Navigating the emotional stress of the loss of a loved one is already challenging, without adding the additional burden of managing their financial affairs. Your loved one may or may not have had a will or an estate plan, and you may have heard of probate court but are unsure of how to proceed. An experienced Virginia probate attorney can guide you through the process of submitting a Petition for Probate and assist in handling the execution or administration of your loved one’s will and/or estate.

Why Choose Parks Zeigler, PLLC?

With offices in Virginia Beach, Chesapeake, and Elizabeth City, our attorneys provide comprehensive legal services across various areas of law. By strategically using technology, we improve our efficiency and effectiveness, helping to lower expenses for our clients. We value the attorney-client relationship deeply and utilize all available tools to help our clients receive support both in and out oNavigating the emotional stress of the loss of a loved one is already challenging, without adding the additional burden of managing their financial affairs. Your loved one may or may not have had a will or an estate plan, and you may have heard of probate court but are unsure of how to proceed. An experienced Virginia probate attorney can guide you through the process of submitting a Petition for Probate and assist in handling the execution or administration of your loved one’s will and/or estate.

Testimonials

“I would highly recommend allowing Mr. Barlow and his paralegal Ms. Whitmore to manage you legal needs. I appreciated Mr. Barlow taking the time to explain legal terms and the various options I had available to meet my estate planning needs. They prevented the process of creating a will from being unpleasant, thanks again!” — Michelle B.

“Jason Barlow and his paralegal, Christina assisted in estate-planning needs, specifically a Revocable Living Trust. Working with Christina felt like we knew each other in a past life. She knew my thoughts before I stated them and was on top of every update needed. She also recalled one of our previous conversations and had the foresight to ask if a first-floor conference room would be needed for the signing. I had forgotten a member of our party had just begun using a walker – she did not. At the signing, Jason breezed in like this document was not a year in the making (not on his part). He showed no signs that we monopolized his time over the past 12 months with questions, concerns and changes. He treated us like old friends. We never felt rushed, even when additional questions arose. The best part was Jason’s flat rate – it was incredibly reasonable! We were able to finalize the knowing everything was covered and there would be no monthly bills! Thank you so much Jason and Christina for tying this up for us!” — Maria F.

Jennifer S. Rossettini

Attorney

Jennifer is an experienced attorney and CERTIFIED FINANCIAL PLANNER™ Professional. A New Jersey native, she studied Psychology and Music at Rutgers University and earned her Bachelor of Arts degree in…

Contact Jennifer S. Rossettini

What is Probate?

Probate is the court-supervised process of reviewing and administering a deceased person’s estate, including validating the will, paying debts and taxes, and distributing assets to beneficiaries. The proceeding is typically necessary when a person dies, leaving assets in their name alone or without designated beneficiaries.

Probate in Virginia typically takes between six months and one year, depending on the estate’s complexity and any potential disputes. Additionally, you must file an inventory of the estate’s assets with the court. An estate with more assets typically takes longer to finalize than an estate with fewer assets or one that includes a trust.

Probate Laws in Virginia

Virginia probate law provides a framework for the orderly administration of estates, protecting the rights of heirs, beneficiaries, and creditors. In the Commonwealth of Virginia, the circuit court handles probate cases in the county where the decedent lived or owned real estate. The probate or fiduciary office in the circuit court opens a probate estate, while the commissioner of accounts supervises and reviews the required inventory and accounts.

Estates with a value of under $50,000 have a more streamlined process that can avoid formal probate and generally take less time than more complex estates.

Additionally, if someone dies intestate (e.g., without a will), Virginia law dictates how the court must distribute assets, typically starting with the surviving spouse and children and then parents, siblings, and other relatives.

Is Probate Always Necessary?

Some estate plans negate the requirement of going through probate. Certain assets may bypass probate, including:

• Assets with designated beneficiaries, such as life insurance policies, retirement accounts, and some bank accounts
• Jointly owned property with rights of survivorship, where the decedent’s interest automatically transfers to the surviving owner
• Assets placed in a revocable living trust
• Payable on death accounts
• Pension benefits payable to a beneficiary

How Does the Probate Process Work in Virginia?

The probate process starts with filing a Petition for Probate and goes through several steps, including naming a personal representative. Experienced estate planning lawyers can guide you through the process, whether your loved one left a will, died intestate, or has a complete estate plan.

Initiating the Probate Process

The first step in the probate process is to initiate it by filing a Petition for Probate. If your loved one died with a will, file it along with the death certificate and the petition. You will also need an accounting of the decedent’s assets.

Key Steps in the Probate Process

The Virginia probate process begins when an interested party of the decedent’s estate files for probate. The process includes several steps:

• Present the certificate of death, will, and/or other relevant documents to the circuit court: The court will determine whether the will meets Virginia law and accept or decline it.
• Appointment of Personal Representative: The court appoints an executor or administrator as long as that person is competent enough to complete the duties.
• Inventory assets: The personal representative takes an inventory of assets and submits the inventory to the court.
• Pay debts and taxes: The personal representative uses estate assets to pay any valid debts, bills, and taxes owed by the decedent before distributing assets to beneficiaries.
• Distribute assets: After debts and taxes are paid, the personal representative distributes the remaining assets to the beneficiaries named in the will or, if no will exists, according to Virginia’s intestacy laws.
• Submit accounting: The personal representative must file a detailed accounting with the Commissioner of Accounts, showing all estate assets, income, expenses, distributions, and remaining assets, typically within sixteen months of appointment and annually thereafter until the estate is closed.

Do You Need a Lawyer for Probate in Virginia?

While the law does not require you to retain an attorney for probate in Virginia, we recommend that you do, especially for complex estates or inexperienced personal representatives. Probate attorneys help maintain compliance with Virginia laws and assist in avoiding mistakes that could result in delays or penalties.

They are particularly valuable for estates with significant assets, ambiguous wills, unpaid taxes, or disputes among heirs. In cases of will contests or family disagreements, an attorney can mediate or represent the estate in court. Additionally, an experienced probate law firm can streamline the process, potentially saving time and reducing stress for the personal representative.

What is Estate Administration?

Estate administration involves distributing and managing a person’s assets according to their wishes after they pass away. Various laws govern the proper handling of this often complex process. A person’s wealth does not dictate the need for a proper will and an experienced estate planning attorney to assist surviving loved ones through the process.

If the decedent did not properly execute the will or died intestate, state laws dictate that the estate follow Virginia’s intestacy laws. Additionally, assets transferred may be vulnerable to taxation. The proper administration of an estate prevents these mishaps from occurring and secures a legitimate transfer of assets.

While we hope every estate runs smoothly, we understand that missteps can occur even with good intentions. We are also here to assist if you believe a personal representative is mishandling the estate.

How Can a Virginia Probate Attorney Help With Estate Administration?

A probate attorney can guide you through the court process and help handle any legal issues that may arise during the administration of the decedent’s estate. Some of the benefits of retaining legal counsel include:

• Thorough knowledge of Virginia’s probate laws and procedures
• Assistance with estate administration, including gathering assets, paying debts and taxes, and distributing assets
• The ability to streamline administrative tasks
• Representation in court in case of disputes
• Protection of the rights of beneficiaries
• Management of conflicts among heirs
• Guidance on estate taxes and navigation of complex probate tax laws

Real Estate Management and Title Transfer

Probate lawyers also help with real estate management and title transfers. They can assist in creating a comprehensive inventory of the decedent’s assets and help manage them by taking possession and giving proper maintenance.

A probate attorney can also guide the settlement of any outstanding debts and obligations using estate funds.

Tax Considerations for Estates

Estate and income taxes can be complicated, and legal guidance may help avoid filing errors or delays. Probate attorneys can provide invaluable assistance in navigating tax issues, including verifying that the personal representative files accurate and timely tax returns.

Can You Avoid Probate in Virginia?

While the law often requires probate in Virginia, you can avoid it with estate planning tools, including living trusts, beneficiary designations, and small estate affidavits. Consulting with a Virginia probate attorney can help determine the best approach based on your estate’s size and structure. Below are some strategies that you could use to avoid the probate process.

Small Estate Planning

You may not need the probate process if the decedent does not have a vast estate. If the estate’s total value is less than $50,000, family members can file a small estate affidavit to avoid formal probate. Additionally, if the decedent did not leave a will, the heirs or the personal representative can file a real estate affidavit to claim real estate with the court clerk.

The small estate affidavit is a legal document that allows the transfer of assets without formal probate. It simplifies the distribution of property for estates valued at or less than $50,000. The affidavit requires a waiting period of 60 days after the decedent’s death to allow interested parties and/or creditors time to make a claim.

Creating a Living Trust

A revocable living trust is a common part of an estate plan. Because it is revocable, the grantor can change or revoke the trust during their lifetime. Once the grantor dies, any asset that is in the trust avoids probate, as it reverts to trust property upon the grantor’s death.

The trustee then distributes any property that funds the trust in accordance with the trust’s instructions.

Protect Your Assets and Plan Confidently With a Virginia Probate and Estate Administration Attorney

If you need help managing an estate or require legal advice about probate in Virginia, contact Parks Zeigler, PLLC, for a free consultation. Call 888-691-9319 or complete our online contact form today to discuss your estate or probate matters. Our Virginia estate administration lawyers are here to help.