Leesburg Probate Process
Probate is the system used throughout the Commonwealth to distribute the assets of a person after their passing. The process of probate can be long and complex, particularly when one or more potential beneficiaries dispute the will.
A carefully drafted will could reduce many unnecessary delays in the probate process. A seasoned probate attorney can help square away legal matters to ensure that the distribution of your assets proceeds smoothly after your passing. Through careful preparation with a Leesburg lawyer, you can gain peace of mind knowing that your final wishes will be honored in the probate process.
Appointing an Executor of the Estate
Before an estate can move forward through probate, a personal representative must be qualified to administer it. When there is a will, this person is called an executor. Estates without a will are controlled by an administrator. The roles they serve are essentially the same.
In many cases, the last will and testament will identify a person to serve as executor. Should that person be unwilling or unable, or if there is no existing will, the court will appoint an administrator. Virginia law provides for an order of priority of individuals that have standing to serve as executor.
Once selected, the executor or administrator must take an oath to carry out their duties faithfully and pay a surety bond worth the value of the estate. It is possible to have this bond waived by the court in some cases. A skilled probate attorney can help a personal representative go through these various processes in a Leesburg court to fulfill their role.
Filing a Probate Case in Leesburg
After the establishment of an executor or administrator, the first course of action is to file the probate case. This typically involves the filing of a will, if one exists, along with the death certificate. Unlike in other jurisdictions, there is no dedicated probate court in Leesburg, so one must file these cases in a circuit court like any other lawsuit.
After the filing of the case, a judge and commissioner will be appointed. The judge oversees the process and is the ultimate arbiter of how the estate proceeds. The commissioner of accounts essentially audits the personal representative to ensure they comply with probate law.
Establishing the Estate
Once the personal representative files the probate case, the next step is to establish the estate. This involves collecting all of the assets of the deceased person, including cash, accounts, and real property. For personal property, administrators could seek independent appraisers to determine the value.
Paying Debts and Taxes
Once the assets and liabilities of the estate are established, the executor must then pay the estate’s obligations. This includes state and federal taxes in addition to other debts that are owed. Court costs and legal fees are also included.
Distributing the Estate
After all debts are settled, the executor or administrator will then distribute the remainder of the estate to the beneficiaries. This is done in accordance with the will, if one exists. If no will exists, benefits are paid pursuant to intestate property laws. A knowledgeable Leesburg attorney could explain the relevant statutes to a personal representative and assist with the probate process.
Benefits of an Attorney in the Leesburg Probate Process
Because of the technical complexity of the Leesburg probate process, it is recommended that you seek legal guidance. An attorney with an understanding of the local system could draft the necessary documents, assist with selecting an administrator, and ensure your assets will be protected under the law when the time comes. Call right away to discuss your situation.