When someone living in the Fairfax area dies, local courts likely have jurisdiction over their estate. Family members with an interest in the estate may have questions about the overall probate process.
Those who may serve as the personal representative of an estate and those who expect to inherit property from an estate may have questions about what happens during estate administration. What typically occurs during probate proceedings in the Fairfax area?
Determining the level of oversight required
One of the first steps in estate administration is a cursory review. The nature and value of the assets included in an estate directly influence the level of probate court involvement. If the estate consists of personal property, not real property, and the value of those assets is under $50,000, the estate may be eligible for a streamlined probate process with minimal court oversight. Larger estates and those that contain real property may require standard probate proceedings.
Appointing a personal representative
The beginning of probate involves filing paperwork with the courts. This process may involve an estate plan or may involve informing the courts that someone died without a will or other testamentary documents. The decedent may have named their own personal representative, or the courts may need to appoint one depending on the situation.
Communicating with interested parties
Personal representatives usually need to notify heirs, named beneficiaries and creditors with a known interest in the estate after they assume their role. They may provide direct notice to some creditors and they publish notice for creditors who they are not aware of at the beginning of the probate process. They may also provide an inventory of assets and debts, as well as information about the estate plan, to beneficiaries.
Settling financial obligations
Virginia probate proceedings typically involve processing repayment requests from creditors and settling a decedent’s financial obligations. The personal representative files their final income tax return and pays any taxes. They also settle debts using estate resources. Only after fulfilling responsibilities can they then distribute any remaining assets to beneficiaries. They may do so either in accordance with the testator’s instructions or based on intestate succession laws if there is no will. Once they have completely distributed the resources from the estate, they notify the courts to complete the probate process. There are many small steps in the middle that are necessary for the successful completion of the probate process.
Many individuals benefit from having legal assistance during probate proceedings to help ensure they don’t make mistakes. Knowing what to expect during the probate process can be beneficial for those managing an estate and those expecting to inherit from one.