Celebrating Our 40th Year! 1983-2023
Virginia Probate Attorney
Offering Sound Probate Counsel Throughout Virginia
The probate process is typically very complex. If you are a personal representative for a deceased individual, or the beneficiary of an estate, it’s important that you enlist the help of an experienced probate attorney. An attorney from our probate firm in Fairfax County or Richmond can assist you in every step of the process, offering sound advice and legal assistance. At Hazelwood Law, PLLC we have extensive experience in this area of law. We can help you navigate the probate process from start to finish, no matter how complicated your situation may be. With more than 50 years of combined experience, our firm is ready to assist you.
Call us at (703) 455-5160 or (804) 601-8259 for an initial consultation.
HOW WE CAN ASSIST YOU WITH THE PROBATE PROCESS
Various factors can make the probate process more complex, including whether or not the deceased individual carried out any sort of estate planning, including drafting a will or trust. At Hazelwood Law, PLLC we look at every unique detail of your situation in order to better advise you on how to proceed.
Our probate firm can help you with every step of the process, including:
- Assistance with probate
- Dealing with any income tax issues
- Locating assets, both probate and non-probate
- Securing proceeds from life insurance
- Filing Statement in Lieu of Account
- Preparing the Inventory
- Obtaining property appraisals
- Providing advice for outstanding debts/bills
- Assisting with estate property sales/titling
- Preparing the accountings
When you need a probate lawyer anywhere in Northern or Central Virginia, you can rely on our firm’s vast experience. We understand how the process works and can offer you the sound advice you need to move forward. Because probate is such a technically complex process, it’s important that you obtain the assistance of an experienced attorney in our Burke or Henrico office who can advise and assist you every step of the way.
Probate: Frequently Asked Questions
It seems to be quite common for our clients to be confused as to precisely what probate is and why it is important. In short, probate refers to the process through which the assets of an individual that has passed away are transferred to others. It requires the court to review and approve these transfers. Let’s explain this further:
Can anyone create a will?
No. You must be 18 years of age or older to have a will. An exception to this would be a minor who is married or a minor who serves in the military.
What happens if more than one will is found?
If the new will makes reference to the old one, saying that this one has been created in order to void the previous one, the newer one will prevail. Otherwise, the court’s interest is to fulfill the wishes of the person signing the will and the court will likely decide to just follow the newer will.
What does a will have to contain?
To be valid, it must have three explicit points: who is the person who created the will, what property will be left to whom (even if it is just one asset left to one person) and a person must be appointed to be responsible for invoking the terms when the time comes. It’s always a good idea for the executor to work with a probate lawyer in Richmond VA to make sure no mistakes are made.
Is it necessary to go to probate court every time somebody dies?
It is not. In general, it is used to transfer assets that were in the name of whoever died, and only after they have died. As an example, a joint bank account held in the name of a father and a son, would not require probate if the son was an adult.
Can the representative I assign look at my will and just go to the bank and distribute my assets according to my will?
Once again, it’s not that easy. Even if you have taken the time to carefully spell out your wishes in your will, it still has to go through probate before assets can be transferred.
Are there certain ways to structure your assets in order to minimize as much as possible the costs of probate?
There are, and it’s well worth your time to work with our probate attorneys to establish a strategy to minimize the costs and consequences of probate. Your attorney will also help ensure that the probate process happens as smoothly as possible.
Do wills tend to encounter problems when going through probate?
They typically do not. Some 99 percent of wills are able to go through probate not finding any issues. The court generally accepts that the will is the reflection of the wishes of the person that died.
Can wills be challenged?
They can. This generally happens when there is someone who thinks they may have something to gain from challenging the will. Those who have the greatest successes challenging the will are, in the majority of cases, spouses. On what grounds do they challenge the will? They may claim that their spouses did not have the necessary testamentary capacity or that they were unduly influenced or convinced to write the will in a particular way.
What can happen when you challenge a will?
If you are successful, you may get it completely voided or just a part of it. You may also be successful in reinstating a provision that had previously been taken out. Be aware that if you are able to void the whole will, it would mean that the person died without a will and therefore the assets would be distributed under the consideration that no will had ever existed. The laws this distribution would follow would be what is known as intestacy laws which are guided by family relationships. Before challenging a will, you should talk to a probate lawyer in Richmond, VA.
Should you have any further questions regarding a will or probate, reach out to our team of probate lawyers in Burke and Richmond, VA at Hazelwood Law, PLLC and get the legal help you need.