Probate Attorney Richmond,VA
There are two basic types of estate plans, the Will Based Estate Plan and a Trust Based Estate Plan. A probate law firm in Richmond can help you review your estate planning objectives, walk you through the probate process, and provide legal counsel.
If you require fiduciary litigation including guardianship, will contests, trust administration, trust management, claims against estates, accounts from fiduciaries, undue influence, and financial exploitation, contact Hazelwood Law, PLLC.
Virginia Probate Law
Probate in Virginia is a court-supervised legal process. Probate gives surviving close family members the authority to gather the deceased's assets, pay debts and taxes, and eventually transfer the estate’s assets to the people who inherit them.
Probate Assets
Probate court proceedings are required if the deceased person owned assets in their name. Other assets, called "non-probate" property, can be transferred to new owners without probate.
Common non-probate assets include:
- Assets the deceased person owned with someone else
- Assets for which the deceased person designated a beneficiary outside of the will
- Life insurance proceeds payable to a named beneficiary
- Pension benefits payable to a named beneficiary
- Assets held in a revocable living trust
If you need assistance with your probate matters, living wills, medical power, and powers of attorney disputes in Central Virginia, contact Hazelwood Law, PLLC today. Our probate attorneys have extensive experience with probate issues and can help you make informed decisions about your probate estate.
Small Estate Planning
If the deceased person doesn’t leave a lot of valuable property, then surviving family members may not need formal probate proceedings. If you don’t need to pursue the probate process, then surviving members can do the following:
- If there's no will, then the heirs or the personal representative can file an affidavit to claim the real estate with the court clerk.
- If the value of all of the assets left by the deceased is below $50,000, all of the beneficiaries named in the will can complete a simple affidavit.
Probate Attorneys and Administration in Richmond
Probate is handled by the circuit court in the county in which the deceased person resided. The circuit court clerk handles your probate paperwork. The circuit judge doesn’t get involved unless there is a conflict. When conflicts arise and probate is necessary, the person named in the will as the executor starts the process by going to the appropriate circuit court.
If there is no will, or the person named in the will isn't available, the probate court will appoint an administrator. This person does the same job as an executor. Under Virginia law, anyone who inherits from the deceased person can be appointed as administrator.
Richmond Probate Process
When clients wish to start their probate matters, they'll be asked to provide:
- Original signed will (if any)
- Certified copy of the death certificate
- An estimate of the value of all estate assets
- A list of heirs under Virginia law if there's no will
Wills, Probates, and Estate Taxes
VA administers a state probate tax based on the value of the assets and there may be an additional local probate tax, one-third of the amount of the state probate tax. There are additional court fees for opening a probate case. All of these fees and taxes can be paid from the estate assets.
We help our clients develop their estate plans as well as wills, trusts, guardianships, advanced medical directives, powers of attorney documents, and more. Contact us today to sit down with qualified estate planning lawyers. Their job focus is to protect your assets while you’re here and when you pass away.
Personal Representatives and Fiduciary Duties
Your VA circuit court will give the fiduciary duties representative a certificate of qualification. This document shows that the personal representative has legal authority over the deceased person's assets.
The personal representative must mail notice of the proceeding to all heirs and beneficiaries within 30 days. The notice informs them of their right to get copies of the inventory, accounting, and other probate documents. The personal representative is also entitled to reasonable compensation for the work of settling the estate.
Personal Representative Duties
The estate administration personal representative's duties include:
- Collecting estate assets and protecting them
- Having the assets professionally appraised when necessary
- Paying off the deceased debts and taxes
- Distributing the remaining property as the will or VA law dictates
- File VA and federal income tax returns for the deceased
When the validity or terms of a will or trust are in dispute, we can represent any interested party in probate litigation. Depending on factors like assets, taxes, minor children, special needs, second marriages, divorce, Medicaid, and creditor concerns, Hazelwood Law Firm helps clients develop their estate plan as well as wills, trusts, guardianships, advanced medical directives, powers of attorney documents, and more.
VA Probate Litigation
A probate litigation lawyer provides services from the validation of the will and probate of the estate to the distribution of assets to beneficiaries. Probate lawyers can:
- Prepare notices
- Assemble inventory assets
- Arrange appraisals and valuations
- Reviewing and resolving claims against the estate
- Filing tax returns
- Preparing accountings
Virginia Probate Law Firm
We provide all of our clients with the personal attention and individualized representation they deserve. Devoted to advocating tirelessly when you entrust us with your case, we will do all that we can to provide asset protection to you and your family.