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Practice Areas | Estate and Trust Administration / Probate

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.

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.

Fiduciary Services

When the time comes to carry out an estate plan or administer a trust, the responsibility falls on a fiduciary — the executor, trustee, or agent under a power of attorney. Miorini Law guides fiduciaries through their duties at every stage, and where appropriate, the firm can serve directly as executor, trustee, or agent for clients and their families.

What is a fiduciary?

A fiduciary is an individual or institution legally obligated to act on behalf of, and in the best interest of, another person. In estate planning and administration, the fiduciary is usually an agent under a power of attorney, an executor named in a will, or a trustee of a trust — but the term also covers guardians of minors or incapacitated adults and anyone else entrusted to act for another’s benefit.

What does an agent under a power of attorney do?

An agent (sometimes still called an attorney-in-fact) is named in a Durable General Power of Attorney to manage your financial and administrative affairs if you become incapacitated. Depending on the powers granted in the document, the agent may pay bills, manage real estate and investment or retirement accounts, handle tax matters, and take any other action needed to keep your financial life running.

What does an executor do?

An executor is named in a Last Will and Testament to carry out the terms of the will and meet the legal requirements of the probate court in the state where the decedent lived. The executor’s responsibilities include opening the probate estate, paying final bills, funeral expenses, and administration costs, filing final income tax returns and any required estate tax returns, and distributing the remaining assets to the beneficiaries named in the will.

What does a trustee do?

A trustee is named in a trust (or in a will that creates a testamentary trust) and is responsible for managing trust assets for the benefit of the beneficiaries. The trustee’s specific duties are defined by the trust document and governed by state law, but generally include working with beneficiaries to meet their needs as the document directs, prudently investing the trust’s assets, making distributions as the document allows, and filing the trust’s income tax returns.

Is a fiduciary entitled to compensation?

Yes. Most state laws entitle fiduciaries to “reasonable compensation” for their work. In Virginia, executors’ fees are reviewed and approved by the Commissioner of Accounts, as are trustees’ fees for trusts established under a will. Compensation can vary significantly depending on the complexity of the estate or trust and the time required, so it’s worth comparing options before naming a fiduciary in your planning documents.

Probate Estate Process

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 for the District of Columbia

The District of Columbia has several probate procedures. The unsupervised abbreviated probate procedure is recommended because of its simplicity and flexibility. The personal representative or executor of the estate can be appointed by mail although assistance with the completion of the paperwork is usually necessary.

The appointment will occur approximately two weeks after the filing of the application. The Letters of Administration (proof of your appointment) will be mailed to you with a list of deadlines.

You will have to send notice of your appointment to the heirs-at-law and your appointment will be published in two local newspapers. Within three months of your appointment, you shall file with the court proof of the mailing and publications.

The date of your appointment triggers the six-month deadline for creditors to file a claim against the estate and triggers other claims to which the beneficiaries may be entitled.

  • Forms can be complicated. You may prefer having someone familiar with the documents to assist you.
  • Ensure that you know what you need to do because you can be held personally liable.
  • Ensure that you are able to communicate with difficult beneficiaries and be protected.
    e.g. obtain consents from beneficiaries for the release of liability when making distributions or when they are accepting the final account which terminates the personal representative liability.
Deadlines for Abbreviated Unsupervised Probate in the District of Columbia

FAQs for the Commonwealth of Virginia

Estate administration in Virginia usually takes a minimum of one year.

The named executor under the will of the decedent will have to make an appointment with the probate division of the circuit court where the decedent used to live. Depending on the locality you should be able to get an appointment within less than two weeks. If you are out of town, the probate division will often adjust to your schedule.

At the end of the meeting, which usually lasts one hour, you will be appointed executor of the estate. You will need to bring a death certificate, the original Will (kept by the court), the list of heirs-at-law with their addresses, an estimate of the decedent assets, a piece of identification, and a checkbook to pay court costs. You may have to call a bond company prior to your appointment if the bond is not waived in the will. If you are out of state, you will have to select a resident agent. Attorneys of Miorini Law PLLC are willing to serve as resident agents.

You will then receive your Letters of Administration, proof of your appointment and a booklet to assist you with your new duties:

Give notice of your appointment to the heirs-at-law within a month from your appointment and file a certificate of notice with the court.

  • File an inventory of assets within four months of your appointment
  • File an accounting within sixteen months from your appointment unless you can file a “Statement in Lieu of an Account

Please note that the requirements for the preparation of the inventory and the accounting are very detail oriented with specific requirements. Many executors end up calling Miorini Law for help after their inventory or accounting has been rejected by

Compensation for an executor in Virginia is the sole discretion of the court which has jurisdiction over the estate. As a general guideline, an executor is entitled to whatever fee is fixed by the will. Where a specific fee was not fixed, the courts have considered reasonable a fee equal to 5% of the assets. This could be reduced to a 2.5% commission, where the executor was not entitled to sell the real property of the estate, but only to deliver it in kind. While there is no specific rate set by statute in Virginia, many jurisdictions have established guidelines for determining an executor’s commission, based on the complexity of the estate, the responsibilities assumed by the executor, and the amount and type of professional services required to administer the estate. For example, the Commissioner of Accounts of Fairfax County has established guidelines for executor commissions, which are published on its website. In general, these guidelines allow for an executor’s commission as follows: On income: 5% of income receipts (not including capital gains) realized during each accounting period. On principal: A fee based upon the inventory value, including amended inventories, of the decedent’s probate assets in accordance with the following schedule:
First $400,000.00 5%
Next $300,000.00 4%
Next $300,000.00 3%
Balance over $1,000,000.00 2%
Balance over $10,000,000.00 By agreement with the Commissioner (prior consultation is required)
The Fairfax County website includes further details regarding executor’s commissions. Note that such compensation may be increased or decreased at the Commissioner of Accounts’ sole discretion, based on various factors. Executors are not required to wait until the estate is closed to take their compensation, however, compensation may be forfeited if the proper account is not timely filed. Reasonable fees for attorneys, accountants and/or investment advisors may be reimbursed if necessary for the proper administration of the estate. However, if an executor chooses to use an attorney or accountant for the basic administration of the estate, this may be deducted from the executor’s commission, depending on a number of factors considered by the Commissioner of Accounts.

Long-Term Care Options

Long-Term Care Options

Long-Term Care Options

The date of your appointment triggers all of the filing deadlines with the court and the Commissioner of Accounts.

Deadlines for Probate in Virginia

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Estate PLANNING LAW FIRM

Miorini Law provides comprehensive estate planning and administration services across  DC, Maryland, and Virginia. 

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8245 Boone Blvd., Suite 550, Vienna, VA 22182

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