Detailed Answer
Under Virginia law, a personal representative must give notice to creditors before the two-year bar on claims takes effect. Virginia Code §64.2-1104 requires the representative to publish notice in a qualifying local newspaper once a week for two successive weeks and to mail notice to known creditors within two months of appointment. Once that publication occurs, any creditor must present a claim within the later of (1) one year after the first publication date or (2) two years after the decedent’s death. Without proper notice, the two-year rule may not apply.
To verify that notice requirements were satisfied in the original estate, a client should take these steps:
- Review the probate file at the clerk’s office. Locate the personal representative’s “Proof of Publication” affidavit. Courts require filing this under Va. Code §64.2-1104 (link).
- Check that the published notice ran in a newspaper authorized by the circuit court. The proof affidavit will list publication dates and the paper’s name.
- Locate proof of mailed notices. The estate file often contains certified mail receipts or an affidavit confirming notice to each known creditor sent within two months of appointment.
- Confirm the personal representative’s qualification date in the file. Compare this to the first publication date to ensure deadlines under Va. Code §64.2-1102 apply (link).
- If records are unclear or missing, request certified copies of the entire estate docket sheet from the clerk or contact the newspaper for a publication certificate.
Helpful Hints
- Visit the clerk’s office in the county where probate occurred to access original filings.
- Ask for “Proof of Publication” for the estate in question; it’s mandatory under §64.2-1104.
- Review mail logs or certified mail receipts in the file for notices sent to known creditors.
- Note all critical dates—the decedent’s death, the representative’s qualification, and the first publication date.
- If you’re a creditor, file your claim promptly if deadlines remain.
Disclaimer: This is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.