Finding moments of peace can feel impossible when you lose someone you love. On top of the grief, you may face confusing court filings, financial questions, and the pressure to “get everything right” during probate or estate administration.
As an experienced and compassionate Virginia probate attorney, our team wants you to know this: You do not have to figure out probate alone. At A. R. Pike Law Firm, we have handled thousands of cases and have the experience to protect your interests in any probate matter.
Please don’t hesitate to contact us online or call (434)-485-2700 today for a consultation.
What Is Probate in Virginia?
Probate is the legal process of validating a will (if there is one), appointing a personal representative for a deceased person’s (decedent’s) estate, and ensuring the proper distribution of a decedent’s assets.
Some estates move through probate smoothly. Others require careful attention, especially when real estate, trusts, tax issues, business matters, or disputes are involved. Our Virginia probate attorney can help you:
- Minimize or avoid conflicts in the probate process,
- Prepare the required filings, and
- Meet every deadline under Virginia law.
Numerous issues can arise during the probate process. Having the right legal counsel can help guide you through the process or even help create an estate plan that avoids probate altogether.
Property Distribution When There Is No Will
If someone dies without a will, they die intestate, meaning Virginia law will decide who inherits. Specifically, commonwealth intestate succession laws mandate a particular order of inheritance when distributing assets from the estate.
This order begins by determining if there is a surviving spouse and children, and then works its way outward through parents, siblings, and more distant relatives. Distributing assets in this manner may include family members that you might not have wanted to receive an inheritance.
Intestate laws are strict. They do not take into account personal wishes or family dynamics. However, you can take control away from the commonwealth by creating an estate plan with an experienced probate attorney in Virginia from A. R. Pike Law Firm.
Property Distribution When There Is a Will
A will is a common way to create a roadmap for the probate of your estate. If your will is valid, the court will permit distribution of your property according to its terms. In Virginia, a will typically must meet the following requirements:
- Written and signed by the creator (testator),
- Witnessed and signed by two competent individuals in the presence of the testator, and
- The testator must be an adult (or emancipated minor) of sound mind.
After death, the will is submitted to the circuit court to begin the probate process.
The Probate Process
Probate includes:
- Proving an admitted will’s validity,
- Appointing an executor (or personal representative),
- Paying the decedent’s funeral expenses,
- Inventorying assets,
- Notifying heirs and creditors,
- Paying debts and taxes, and
- Distributing remaining estate assets.
The personal representative handles these matters, assisting in paying the decedent’s bills and supporting beneficiaries according to the will or the law. A Virginia probate lawyer can assist with these steps by helping family members and representatives stay organized and compliant.
Personal Representative Duties
You can choose your personal representative by naming them in your will. However, when there is no will (or the will doesn’t name a representative), the court appoints one.
A representative’s duties include:
- Collecting and safeguarding estate assets;
- Listing all heirs to the estate;
- Compiling, filing, and delivering the inventory and accounting of the estate’s assets;
- Communicating with heirs, beneficiaries, and interested parties;
- Paying estate debts, taxes, and expenses; and
- Distributing remaining assets according to the will or intestate succession laws.
Many factors, such as unresolved business conflicts, will disputes, large inventories, and complicated family relationships, can make a representative’s job challenging. Representatives can feel overwhelmed by the paperwork and potential liability.
Fortunately, a knowledgeable Virginia probate attorney from our team can provide essential guidance and support, and even help your loved ones avoid probate by assisting you with alternative strategies.
Trusts in Virginia
Trusts are powerful estate planning tools. They can avoid probate, reduce taxes, and protect beneficiaries. These perks are available because you can transfer ownership of your assets to a trust during your lifetime, with the property no longer being considered part of your estate when you die.
Common types of trusts include:
- Revocable living trusts—you maintain control of your property during life, with your assets avoiding probate after death;
- Irrevocable trusts—often used for asset protection or tax planning;
- Special needs trusts—can protect your government benefit eligibility; and
- Testamentary trusts—created under a will.
Trusts are flexible and customizable, but you must create and manage them correctly to work as intended.
Trustee Duties
When creating a trust, you must identify someone, called the trustee, who will be responsible for managing the trust. Some trustee legal and ethical obligations include:
- Acting only in the interest of beneficiaries,
- Managing and investing trust assets prudently,
- Keeping adequate and clear records,
- Fulfilling tax obligations,
- Following the terms of the trust document,
- Communicating with beneficiaries, and
- Making distributions responsibly.
Trustees can be personally liable for mistakes, which is why many choose to work with a probate attorney in Virginia who can navigate the complexities of the law.
Let Our Virginia Probate Attorney Be Your Guide
At A. R. Pike Law Firm, we understand how heavy Virginia probate responsibilities can feel during a time of grief. Our role is to lift the burden from your shoulders, guide you each step of the way, and handle your loved one’s estate with care and accuracy. With years of experience, we are highly respected in the legal community.
Contact us today to schedule a consultation if you need help with probate, estate administration, trusts, or estate planning. We are here to answer your questions and provide the support you and your family deserve.
Frequently Asked Questions
How Long Does Probate Take in Virginia?
Administering an estate can take several months or years. Complex estates, disputes, or missing documents can extend the timeline.
Does All Property Go Through Probate?
No. Insurance and retirement assets with beneficiaries and trust-held assets typically avoid probate.
Do I Need a Probate Attorney?
Probate involves serious legal, financial, and tax responsibilities. While not required, many choose to work with a probate attorney to avoid mistakes and reduce stress.
Resources:
- Who may make a will; what estate may be disposed of; Code of Virginia § 64.2-401 (2012), link.
- Procedure in probate proceedings, Code of Virginia § 64.2-449 (2012), link.
- Motion for probate; process against persons interested in probate, Code of Virginia § 64.2-446 (2012), link.
- List of heirs, Code of Virginia § 64.2-509 (2012), link.
- Powers of executor before qualification, Code of Virginia § 64.2-511 (2012), link.
- Grant of administration with the will annexed, Code of Virginia § 64.2-500 (2016), link.
- Nonexoneration; payment of lien if granted by agent, Code of Virginia § 64.2-531 (2024), link.
- Virginia Court Clerks’ Association, “Probate in Virginia” (July 2019), link.
- IRS, “Estate Tax,” link.
- Methods of creating trust, Code of Virginia § 64.2-719 (2016), link.
- Article 8. Duties and Powers of Trustee, Code of Virginia §§ 64.2-763 through 64.2-779 (2012-2025), link.
- Consideration of Medicaid qualifying trust; undue hardship, Virginia Admin. Code 12VAC30-40-320 (1993), link.