If you are facing the probate process as the beneficiary of an estate or have been appointed to the role of personal representative, you may understandably be overwhelmed and unsure of what the legal steps entail. While certain assets are exempt from probate, the structure of the decedent’s estate plan will play a vital role in how probate proceeds.
There are also numerous documents needed for probate in Virginia Beach. An experienced probate attorney can help you speed up the process and avoid costly mistakes. A lawyer can also address challenges such as family conflicts or legal claims that can increase the time, cost, and complications of probate.
How Probate Works
Probate refers to the series of steps by which a person’s estate is distributed after their death. Even if the decedent had a will, which is one of the most important documents in a Virginia probate case, challenges can still arise.
However, the presence of a will can ensure the decedent’s assets are distributed according to their wishes and simplify the probate process. Without a will, the decedent’s estate would be distributed according to state law, which may differ from what the decedent would have wanted.
A specific group of assets are exempt from probate. If all the decedent’s assets fall into these categories or the estate is small enough, it may bypass probate. Generally, estates valued at over $50,000 will need to go through probate.
However, assets exempted from probate include those that are held in a living trust, transfer or pay on death accounts, and joint tenancy assets with the right of survivorship, such as real estate. Life insurance accounts and the proceeds of insurance policies may also bypass probate.
Navigating Key Documents and Probate
Along with the will and any supplements, the most important documents that will be pertinent in a Virginia Beach probate case include a certified copy of the death certificate, details about the estate’s beneficiaries, and an estimate of the probate assets. These are all documents that must be provided to the court at various stages of probate.
After the court validates the will, the personal representative can proceed with the subsequent key stages of the probate process. These stages include the payment of outstanding debts and bills, as well as the preparation, submission, and payment of final tax returns. Finally, probate also enables the decedent’s beneficiaries to receive the decedent’s property and assets.
Some probate cases can be resolved in just a few months, while very complex cases can take a year or longer to reach a conclusion. The size of the estate, the number of beneficiaries, and whether or not the estate is contested are just a few factors that can impact the trajectory of a probate case.
Probate can be a costly and time-consuming process. An attorney can help prepare and file the documents needed for probate in a timely manner while taking advantage of all avenues to expedite the proceedings.
Get Help with Probate Documents from a Virginia Beach Attorney
The personal administrator of an estate has a lot to take care of, but an attorney can offer peace of mind to ensure you do not have to take on this process alone. An attorney who has completed this process many times can ensure you observe all vital deadlines, assist with court filings, and fulfill your responsibilities to the letter.
If you are the heir to an estate that is going through probate, it can still be beneficial to have an attorney by your side. An attorney can assist with the wide variety of legal matters and tax issues that frequently arise in these cases, providing staunch legal advocacy from the start to the conclusion of the matter. Contact Parks Zeigler, PLLC, to speak with an attorney about your situation and the documents needed for probate in Virginia Beach.
