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Virginia Probate

When someone you love dies, you’re left with grief and, often, a stack of legal tasks you’ve never done before. If you’ve been named executor, or you’re the closest family member and there’s no will, we can walk you through Virginia probate step by step. We handle uncontested probate and trust administration across Virginia, with meetings in Arlington, in Woodbridge, or online.

What is probate?

Probate is the court-supervised process of settling a person’s estate after they die. Someone is officially put in charge, the person’s debts and final taxes are paid, and what’s left goes to the right people. In Virginia, probate starts with the probate clerk at the Circuit Court in the city or county where the person lived.

The person in charge is called the personal representative. If there’s a will, it’s usually the executor the will names. If there’s no will, the court appoints an administrator, often a spouse or adult child.

Does every estate go through probate?

No. Many assets pass outside probate, including:

  • Accounts with a named beneficiary, such as life insurance, retirement accounts, and “payable on death” bank accounts
  • Property owned jointly with a right of survivorship
  • Assets held in a living trust

If everything passed this way, you may not need full probate. Small estates may also qualify for a simpler process. We can tell you quickly which path fits your situation.

How probate works in Virginia

Every estate is different, but most follow these steps:

  1. Qualify at the courthouse. The personal representative meets with the probate clerk, presents the will if there is one, takes an oath, and is given the authority to act for the estate.
  2. Notify the family. Within 30 days after qualifying, the personal representative sends notice to the heirs and beneficiaries, then files proof of that notice with the clerk within four months.
  3. Take inventory. Within four months after qualifying, the personal representative lists the estate’s assets and their values and files the inventory with the Commissioner of Accounts, the court officer who oversees Virginia estates.
  4. Handle debts and taxes. Valid debts and final tax returns are paid from the estate. Not every bill has to be paid right away, and some may not have to be paid at all, so it pays to get advice before writing checks.
  5. Report to the court. The first accounting of money in and money out is due within 16 months after qualifying.
  6. Distribute and close. Once the Commissioner of Accounts approves the accounting, what remains goes to the beneficiaries and the estate can be closed.

What does a personal representative have to do?

Being a personal representative is an honor, and also a real legal responsibility. You have to protect the estate’s property, keep the family informed, keep careful records, and meet court deadlines. If deadlines are missed or money is mishandled, the personal representative can be removed or held personally responsible.

You don’t have to do it alone. We guide personal representatives through each step, prepare the filings, and keep track of the deadlines, so you can focus on your family.

A note for beneficiaries

If you’re named in a will, it’s natural to wonder when you’ll receive your inheritance. The personal representative has to take care of the estate’s debts, taxes, and court filings before making distributions, so it usually takes months, not weeks. Until then, estate property should stay where it is.

How we help

  • Explain your options in plain English at the first meeting
  • Prepare everything you need to qualify at the courthouse
  • Send the required notices and prepare the inventory and accountings
  • Answer questions from family members, banks, and creditors
  • Help with trust administration when the person had a living trust

We focus on uncontested estates. If a dispute comes up, we’ll tell you right away and help you decide on the next step.

Helpful resources

Talk with us about the estate

The sooner you have a plan, the easier probate tends to be. Schedule a consultation and we’ll go over where things stand, what has to happen next, and how we can help.

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