Northern Virginia Probate Attorneys

Northern Virginia Probate

Most estates must go through probate before the property is distributed to the beneficiaries. This is a multi-step process that includes validating the will, inventorying the estate, paying debts, completing accountings, and distributing the assets. A Northern Virginia probate attorney can simplify the process. Your lawyer can handle the tasks for you and protect the estate against legal claims. The legal team can also assist with coordinating estate and income tax issues and ensure that guardians or executors fully understand their duties.

Contact PJI Law to find out how our seasoned Northern Virginia probate attorneys can help you. During the consultation, you can discuss your situation and determine if you need legal help.

Non-probate Assets

Some assets can skip probate in Virginia. These assets might be directly disbursed to the beneficiaries. Non-probate assets might include:

• Retirement accounts
• Payable-on-death or transfer-on-death accounts
• Joint tenancy assets
• Life insurance payouts

Probate Process in Virginia

The executor begins probate by taking the will to the Circuit Court. The Clerk of the Circuit Court will validate the will. Then, the executor will inventory the assets and submit a list to the Commissioner of Accounts. The executor also must file an accounting of income and expenses with the Commissioner of Accounts.

The executor also must pay all the bills and file the tax returns. Creditors might make claims against the estate at this time. If that happens, it’s up to the executor to settle them. It’s also possible that someone will challenge the validity of the will. This will be settled in probate court. Finally, the executor will distribute the assets according to the terms of the will.

Contesting a Will

Most wills pass through probate without any legal challenges. However, it is possible to contest a will if you are an “interested party,” as defined by law, and you have legal grounds. Common grounds for contesting a will include competency, undue influence, fraud, and misappropriation.

Our Northern Virginia probate attorneys have helped clients on both sides of legal challenges. If you think that a will isn’t valid, we will go over your claim to determine if you have standing and grounds to file a challenge. Then, we can submit the challenge on your behalf.

On the other hand, if you believe the will is valid but someone else is contesting it, we can evaluate your case and defend the will against the legal challenge so you can continue to move through probate.