Virginia Probate Lawyers
If you need a probate lawyer for the administration of an estate in call Livesay & Myers today.
Probate refers to the procedure for settlement of the estate of a deceased person. In Virginia, for most estates, no judge or jury will be needed and a court appearance will not be necessary. However, handling the administration of an estate can be a complicated and tedious task that could result in personal liability if the executor appointed does not perform the duties of executor properly.
The first step is to locate the decedent's will and identify the executor named. The executor appointed under the will should take it to the appropriate office of the clerk of the circuit court to be admitted to probate. The appropriate office is the circuit court in the county where the deceased resided. There are unique rules if the decedent passed in a nursing home.
At the time of appointment, the executor must bring the original will and death certificate, and be prepared to pay clerk's fee and probate tax. It is generally a good idea to make an appointment with the clerk's office (and some courts require an appointment).
Qualification simply involves the executor swearing under oath to faithfully and responsibly carry out the duties of executor. The executor will then sign a bond that commits the executor to be personally responsible for any losses to the estate due to improper acts of the executor.
The clerk of the Circuit Court will draft a Certificate of Qualification, which is the document an executor will need along with the death certificate to handle transactions with investment firms, banks, insurance companies, etc. A separate bank account for the decedent's estate should be opened and an EIN number obtained from the IRS as soon as possible.
After Qualification, the executor will have to create a list of heirs and mail or hand-deliver the document to all heirs identified. The form requires name, address, relationship to the decedent, and age of each heir.
The executor must send to the Commissioner of Accounts that swears under oath that the list of heirs document was sent to each heir within 30 days of qualification.
The executor must then complete an inventory list of all assets owned by the deceased at the date of death, along with values at the date of death, within 4 months of qualification. The executor must deliver the inventory to the Commissioner of Accounts assigned to the estate.
After filing the inventory, the executor must next file an accounting with the Commissioner of Accounts. An accounting details money and assets entering and leaving the estate during the 12 preceding months. The first accounting is due 16 months subsequent to qualification of the executor. When all estate assets have been distributed, the executor must file a final accounting with the commissioner of accounts.
Livesay & Myers assists executors and heirs with the estate administration process. We will prepare and send all required notices, affidavits, inventories, and accountings to settle an estate while keeping all interested parties fully informed.
About Our Probate Lawyer
Kevin Myers is the Virginia probate attorney at Livesay & Myers. Mr. Myers represents clients throughout Northern Virginia and Richmond.
Contact us to schedule your free consultation with a Virginia probate lawyer today.
