How to Verify an Executor’s Calculation of Your Share from a Sibling’s Home Sale — Virginia
Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, consult a Virginia probate attorney. Detailed Answer When an estate sells a decedent’s house in Virginia, the personal representative (often called the executor) must collect the sales proceeds, pay valid estate expenses and debts, and then distribute the […]
Read article →Selling a Deceased Parent’s Home During Probate in Virginia: Can You Sell a Mortgaged House?
Detailed answer Short answer: Yes — a decedent’s house can often be sold during probate in Virginia even if a mortgage remains, but only if the person administering the estate has authority to sell the real property and the sale addresses the lender’s lien. A sale during probate requires careful steps: confirm the personal representative’s […]
Read article →Do I Need to Publish a Notice to Creditors Before Selling My Mother's House in Virginia?
Detailed Answer Short answer: Usually no — the Virginia small‑estate affidavit procedure covers only certain personal property and does not, by itself, let you sell real estate. If the house is solely in your mother’s name, you will most likely need probate (appointment of a personal representative or an administrator) or another valid title-transfer mechanism […]
Read article →How to Prove Vehicle Value for Probate in Virginia
Proving the Value of a Deceased Relative's Vehicles During Probate in Virginia Short answer: In Virginia you prove the value of a decedent’s vehicles by establishing their fair market value (FMV) at the date of death and documenting that value for the court and the Virginia Department of Motor Vehicles. Common methods include a signed […]
Read article →How to Prove the Value of a Deceased Person's Vehicles in Virginia Probate
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia probate attorney. Detailed answer: Establishing the value of a decedent’s vehicles for Virginia probate When a person dies in Virginia, the personal representative (executor or administrator) must identify and list the decedent’s […]
Read article →Virginia: Proving a Zero Balance and Closing a Spouse’s Estate
How to Prove a Zero Balance and Close a Spouse’s Estate in Virginia Disclaimer: This article explains general Virginia probate concepts and common court procedures. It does not provide legal advice and is not a substitute for consulting a licensed Virginia attorney about your specific situation. Quick answer If the decedent left no assets that […]
Read article →Virginia — Can a small estate affidavit replace formal probate?
When a small-estate affidavit can replace formal probate in Virginia This FAQ-style guide explains how Virginia handles small or simplified estate collections, what you can collect without full probate, and when you must open a formal estate administration. This is educational only and not legal advice. Detailed answer — how Virginia treats “small estates” and […]
Read article →Virginia — Next Steps When Mediation Fails in a Partition or Probate Dispute
Short answer Yes. If mediation does not produce a settlement in a Virginia partition or probate dispute, the matter usually proceeds to court. Mediation is a dispute-resolution step — often encouraged or court‑annexed — but it does not replace the circuit court’s authority over partition actions or probate contests under Virginia law. See Virginia Code […]
Read article →How to Open Probate in Virginia from Out of State for a Sibling’s Estate
Opening Probate in Virginia When You Live Out of State: A Clear, Practical Guide Short answer: You can open probate in Virginia for a sibling’s estate even if you live outside Virginia. The process depends on whether the sibling was domiciled in Virginia or had Virginia assets, whether there is a will, and whether you […]
Read article →How to Settle a Parent’s Estate in Virginia and Handle Out‑of‑State Property
Detailed Answer — Settling an Estate in Virginia and Managing Property in Another State Short answer: If your parent was domiciled in Virginia, you usually open probate in Virginia’s circuit court, get appointed as the personal representative (called an executor or administrator), collect and inventory Virginia assets, pay debts and taxes, and distribute remaining assets […]
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