In the Commonwealth of Virginia, the law that determines how property is divided after a person dies has changed little during its long history. Complex issues and unusual exceptions can make this process complicated even under the best of circumstances. Thankfully, a Virginia Beach probate administration lawyer can help.
Having the support of a compassionate probate attorney can protect you from fines, delays, and other penalties. Guidance from experienced legal counsel can avoid the missteps that might derail or delay probate court.
What is Probate?
Probate is the name of the court process used to distribute assets and settle debts after a person passes away. This system is used when someone dies with or without a will and applies to assets that do not otherwise avoid the probate process. There are steps that can be taken to avoid probate in the first place. This can be accomplished with careful planning that transfers ownership of assets to trusts and other entities that do not require court supervision to distribute after a person’s death.
The law is designed to protect beneficiaries and creditors alike. There are steps the administrator must take to notify all interested parties before any assets can be distributed. This part of the process can be handled by a Virginia Beach probate administration attorney. In addition to notice requirements, the interested parties must have enough time to file a claim or formulate a challenge.
There is a simplified version of this process known as small estate probate. This informal approach does not require the same court appearances for larger estates, but the option is only available in situations where probate assets are valued below $50,000 in total. An attorney can review all the property to determine if this option is appropriate.
How a Lawyer Can Help
Each case is unique, and the need for legal counsel can vary depending on the circumstances. A probate administration lawyer in Virginia Beach could help resolve a wide range of issues, starting with interpreting the terms and validity of the last will and testament.
Not everyone passes away with a valid will in place. When a person does have a Will, the administrator submits the will to probate court, and a probate administration lawyer can help with this process.
When beneficiaries or surviving relatives disagree over these terms, conflict might be unavoidable. One of the most important situations where a lawyer can help is during these contests.
Much of the work of probate court is administrative in nature. An attorney can assist with managing the income of the estate, paying any outstanding taxes, and determining if claims from creditors should be rejected or not.
In some cases, it may be necessary to appoint guardians or executors to oversee certain assets or even minor children. An attorney can assist with finding these individuals and ensuring they understand their obligations.
Most important is the ability to act as a sounding board. Experienced legal counsel can answer questions, field requests, and make certain every legal obligation is met along the way.
Contact a Probate Administration Attorney in Virginia Beach Today
If you are tasked with administering an estate after the death of a friend or loved one, you could benefit from the support of strong legal counsel. Having help can ensure you avoid the pitfalls or errors that could put you in jeopardy. Reach out to a Virginia Beach probate administration lawyer at Parks Zeigler, PLLC, to learn more.