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Estate and Trust Administration / Probate

When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed.  If your loved one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased's assets.  The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. 

Every probate estate is unique, but most involve the following steps:

  • Filing of a petition with the proper probate court.
  • Notice to heirs under the Will or to statutory heirs (if no Will exists).
  • Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
  • Inventory and appraisal of estate assets by Executor/Administrator.
  • Payment of estate debt to rightful creditors.
  • Sale of estate assets. 
  • Payment of estate taxes, if applicable.
  • Final distribution of assets to heirs.

 

FAQs

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Commonwealth of Virginia

 

Links to Other Practice Areas

Estate and Trust Administration / Probate

Elder Law

International Tax and Planning

Special Needs Planning

Veterans Benefits

Pet Trusts

 

For further information, please call Miorini Law, PLLC at (703) 448-6121 or send an email to yahne.miorini@miorinilaw.com


Miorini Law PLLC assists clients with Estate Planning matters in McLean, Tyson's Corner, West McLean, Vienna, Greenway, Dunn Loring, Falls Church, Reston, Arlington and Merrifield in both Fairfax and Arlington Counties of Virginia as well as Washington DC.



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1616 Anderson Road, 209, McLean, VA 22102
| Phone: (703) 448-6121

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