Charlottesville Estate Administration Lawyers

Virginia attorneys guide families through the probate process

Managing an estate through probate can be a formidable undertaking. If you’ve been named as the executor of a will or the administrator of an estate without a will, you must deal with multiple legal and financial responsibilities and possibly with competing interests of beneficiaries and heirs. The Charlottesville estate administration lawyers at Tucker Griffin Barnes P.C. can help you effectively navigate the Virginia probate process, resolving any disputes that arise and ensuring no errors are made that could result in personal liability. You can count on us for sound guidance and attentive service.  

Steps required to open and administer an estate in Virginia 

Probate is the legal process by which a decedent’s will is validated and their estate is administered under court supervision. The case begins with filing the will in the Circuit Court in the county where the decedent resided. The primary steps to be followed are:  

• Validating the will 
• Inventorying assets 
• Paying debts and taxes
• Distributing remaining assets after liabilities are paid
• Making a final accounting to court 

We can assist you at every stage with a focus on bringing about a smooth and conflict-free process.    

Duties and responsibilities of executors and administrators 

Executors (for estates with a will) and administrators (for intestate estates) have essentially the same responsibilities. Their duties include filing required documents, protecting and valuing assets, communicating with heirs and beneficiaries, notifying and paying creditors, paying taxes and distributing assets. They must also keep accurate records of assets collected and debts paid. Our Charlottesville probate lawyers can provide reliable counsel on properly carrying out your responsibilities.  

Identifying, securing and valuing estate assets 

The decedent’s assets can include financial accounts, real estate and personal property. Some assets, such as those held in trust or with payable-on-death designations, do not go through probate. Once assets subject to probate are identified and secured, they must be valued. Appraisers and accountants may be needed. As long-time estate administration attorneys in the Charlottesville area, we are skilled at conducting inventories of probate assets and having them accurately valued. 

Paying debts, taxes and creditor claims 

Before assets are distributed, the decedent’s outstanding debts have to be paid. Creditors must be notified of the death and the probate case. A notice to creditors and other interested parties is published in a local newspaper. The notice provides the name of the deceased, the probate case number, contact information for the personal representative and a time period for filing claims against the estate. There is a priority order for paying debts. We assist in validating creditor claims and settling debts in order of priority, including situations when there are not sufficient assets to pay all debts. 

To settle tax liabilities, the executor must file the decedent’s final federal and state income tax returns for the year of death and make any payments due. In addition, the executor must file estate income tax returns for income earned after death, such as interest, dividends, rental income and capital gains.

Distributing assets to beneficiaries and heirs 

Once all liabilities are satisfied, the executor distributes remaining assets to estate beneficiaries or heirs. Property titles, bank accounts and personal property are transferred to beneficiaries as directed in the will. Heirs receive distributions in accordance with Virginia intestacy law, which establishes a hierarchical order for passing down assets, with spouses and children first in line. 

Contact our experienced Charlottesville lawyers for estate administration help 

When you need assistance administering an estate in Virginia, the attorneys at Tucker Griffin Barnes P.C. in Charlottesville are ready to help. Call us at 434-973-7474 or contact us online to schedule a consultation.