If real property passes automatically at death, why do I have to probate the will? – VA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney about your situation. Detailed Answer In Virginia, certain real estate can pass outside probate through joint ownership or beneficiary designations. However, probate remains necessary for other assets and to grant your personal representative legal authority. 1. Automatic Real […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Virginia?
Disclaimer: This article provides general information under Virginia law and does not constitute legal advice. Always consult a qualified attorney for advice on your situation. Detailed Answer Under Virginia law, a personal representative (executor or administrator) must notify known and unknown creditors and handle their claims before distributing estate assets. The process includes the following […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate Without a Death Certificate in VA?
Disclaimer This article provides general information and does not constitute legal advice. Court practices vary. Consult an attorney or the Circuit Court Clerk’s office for guidance. Detailed Answer In Virginia, you generally must file a certified death certificate to open an estate and obtain letters testamentary or letters of administration. Under Virginia Code § 64.2-306, […]
Read article →How do I prepare an heirship affidavit in Virginia?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia for guidance tailored to your situation. Detailed Answer An heirship affidavit in Virginia establishes the legal heirs of a person who died without a valid will (intestate). You commonly use it to clear title to […]
Read article →Can I elect to receive a life estate instead of an intestate share in Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Virginia law, when someone dies without a valid will, their estate passes by intestate succession under Virginia Code Title 64.2, Chapter 3 (Va. Code § 64.2-301 et seq.). A […]
Read article →How does an executor obtain an EIN for the estate in Virginia?
Detailed Answer In Virginia, an executor must first secure letters testamentary from the circuit court. Under Virginia Code §64.2-470 (https://law.lis.virginia.gov/vacode/title64.2/chapter15/section64.2-470/), the court issues these letters after validating the decedent’s will and any required bond. Once appointed, the executor acts as a fiduciary under Virginia Code §64.2-600 (https://law.lis.virginia.gov/vacode/title64.2/chapter3/section64.2-600/). After appointment, the executor applies for a federal […]
Read article →What is the difference between common and solemn form probate in VA?
Detailed Answer Under Virginia law, you can prove a will in either common form or solemn form. Each path affects how final the probate is and how long someone has to challenge the will’s validity. Common Form Probate Common form probate allows the clerk of the circuit court to admit a will based on the […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Virginia?
Detailed Answer When a spouse or minor child seeks a year’s allowance under Virginia law, they claim specific personal property from the estate up to a statutory value. Under Va. Code § 64.2-308, you may select up to $18,000 worth of personal items and cash as part of the year’s allowance. To secure these items, […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Virginia
Detailed Answer Under Virginia law, determining which tasks fall under an initial probate representation agreement hinges on the written fee agreement and the attorney’s disclosed scope of work. Virginia attorneys must communicate the scope of representation clearly in writing in accordance with ethical and statutory requirements. Statutory and Ethical Requirements Virginia Code § 54.1-3914 authorizes […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties? (VA)
Detailed Answer Under Virginia law, an interested person may petition the circuit court to revoke or suspend an administrator’s letters if the administrator refuses or neglects to perform required duties. The primary statute governing removal of a personal representative is Va. Code § 64.2-281. This provision allows an interested party—such as an heir, devisee, beneficiary, […]
Read article →