Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Under Virginia law, a personal representative must normally file a petition for final settlement and accounting within three months after the nine-month anniversary of qualification. See Virginia Code § 64.2-1001(link).

If you cannot meet this deadline, you must petition the circuit court to extend the time for filing your final accounting. Follow these steps:

1. Review the Probate Code Deadline: Confirm the original deadline under § 64.2-1001. Calculate the date three months after the nine-month period following your qualification date.
2. Prepare a Written Petition: Draft a petition for extension that states:
   • Your name, role as personal representative, and case number.
   • The date you qualified.
   • The original deadline for filing the final accounting.
   • Good cause for the delay (e.g., complex assets, pending tax issues, need for valuation).
   • The additional time requested (often three to six months).
3. File with the Circuit Court: Submit the petition in the probate division of the circuit court where the estate is pending. Pay any required filing fee and request a hearing date if needed.
4. Notify Interested Parties: Serve a copy of the petition on all heirs, beneficiaries, and creditors as required by Virginia Rule of Court 4:12. Proof of service ensures they have notice and the right to object.
5. Attend the Hearing: If the court schedules a hearing, present your reasons for needing more time. Bring any supporting documents, such as appraisal reports or tax extension notices.
6. Obtain the Order: If the judge grants your petition, you will receive a court order specifying the new deadline for filing your final accounting. Keep a copy for your records.
7. File the Final Accounting: Prepare and file the complete accounting by the new deadline. Serve copies on all interested parties and request distribution or closing of the estate.

Helpful Hints

• Start early: Identify potential delays well before your deadline.
• Gather documentation: Appraisals, tax filings, and creditor claims justify your extension request.
• Use the court’s forms: Many circuit courts offer sample petitions or local forms.
• Maintain communication: Inform beneficiaries of your timeline and any issues.
• Consult a probate attorney: Even if you handle most tasks yourself, an attorney can review your petition and ensure compliance.