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When someone dies in Virginia, the court supervises the payment of estate expenses and creditor claims before any assets reach heirs. A properly managed probate ensures valid debts and costs are settled first. Below are the key steps under Virginia law:

1. Appointment of a Personal Representative
   The clerk of the circuit court issues letters testamentary (for a will) or letters of administration (for intestacy) to a personal representative (PR). The PR must file an oath and, if required, post bond. This appointment grants the PR authority to manage the estate assets.
2. Inventory and Appraisal
   Within four months of appointment, the PR must file an inventory and schedule of estate assets under § 64.2-603 of the Virginia Code (see https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-603/). This inventory helps establish the estate’s value and identifies available resources to cover debts.
3. Notice to Creditors
   Virginia law requires two types of notices:
   • Published Notice: The PR publishes a notice in a newspaper of general circulation in the deceased’s residence county. The notice must run once, alerting unknown creditors.
   • Direct Notice: The PR mails written notice by registered or certified mail to any known creditors within two months of qualification. See § 64.2-612 (https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-612/).
4. Claim Period
   Creditors have six months from the date of first publication to present claims. Claims not filed within this window are barred. This deadline protects heirs from unexpected late claims.
5. Prioritizing and Paying Debts
   The PR uses estate funds to pay in order:
   1. Administration costs (court fees, attorney’s fees, PR commission).
   2. Funeral and burial expenses.
   3. Taxes (estate, income, and property taxes).
   4. Valid creditor claims.
   Virginia Code § 64.2-627 details the order of preference for claim payments (https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-627/).
6. Final Accounting and Petition for Distribution
   After debts and expenses are paid, the PR prepares a final accounting and petition for distribution. Under § 64.2-607 (https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-607/), the court reviews the accounting, confirms payments, and approves distribution of the remaining assets to heirs or devisees according to the will or intestacy rules.
7. Distribution to Heirs
   Once the court approves the final accounting and petition, the PR disburses the net estate to beneficiaries. Proper court approval shields the PR from later claims and ensures heirs receive clear title.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Helpful Hints

• File the inventory accurately and on time to avoid delays in probate.
• Keep records of all notices, mailings, and published ads in case of disputes.
• Maintain separate estate bank accounts to prevent commingling personal and estate funds.
• Follow Virginia’s six-month deadline strictly to bar late creditor claims.
• Consult an attorney if complex assets or potential disputes arise.