Disclaimer: This article does not provide legal advice. It is for educational purposes only.
Detailed Answer
Under Virginia law, a beneficiary who has not received their inheritance share can petition the Circuit Court to compel an administrator to act. You should follow these steps:
- Request an Accounting
First, send a written demand to the administrator asking for a complete account of estate assets, debts, and distributions. Virginia Code § 64.2-1401(A) requires an administrator to file an account within 12 months of qualification. If the administrator fails to comply, any heir or creditor may petition the court for an order directing the administrator to file the account and may seek removal of the administrator for cause (Va. Code § 64.2-1401). - File a Petition for Distribution
Once the court approves the account, you can file a petition for distribution under Virginia Code § 64.2-1413. The court then issues a decree ordering the administrator to distribute estate property to beneficiaries in accordance with the will or, if there is no will, under Virginia’s intestacy rules (Va. Code Chapter 14). - Motion to Show Cause
If the administrator ignores the decree, you may file a motion to show cause in the same circuit court. This compels the administrator to explain why they have not complied. The court can then order compliance, impose sanctions, or remove the administrator. - Seek Counsel
If the matter remains unresolved, consider hiring an attorney who specializes in Virginia probate. An attorney can help prepare filings, argue motions, and protect your rights to the estate.
Helpful Hints
- Keep all correspondence in writing and retain copies for your records.
- Verify deadlines: beneficiaries generally must act within one year after the administrator qualifies.
- Review the will (if one exists) and Virginia’s intestacy statutes at Va. Code §§ 64.2-200–64.2-209.
- Attend all court hearings; failing to appear may delay your petition.
- Gather documentation: death certificate, letters of administration, and any informal communications with the administrator.