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Probate Administration

Virginia Probate Administration Attorney 

Assisting Clients With Probate Matters in Virginia

Navigating the complexities of probate can be a very daunting task during an already challenging time. Probate involves the legal process of administering a deceased person’s estate, helping to ensure that all debts are settled and assets are allocated according to the will or state law. At J S Burton, PLC, we offer comprehensive legal support to help you through every step of the probate process in Virginia. Our Virginia probate attorney is dedicated to providing compassionate and efficient service, easing the burden on you and your family.

Call J S Burton, PLC, today at (888) 885-9001 or contact us online to schedule a consultation with our probate lawyer in Virginia.

What is Probate?

Probate is a court process through which a person’s property is gathered and distributed after they pass away. The probate process is required to open and administer the deceased person's estate, also known as the decedent. Whether the decedent had a Will or not, in most cases, the probate process must begin. 

In broad strokes, probate means, in many instances, the following: 

  • Appointing a personal representative or executor to oversee the estate.
  • Gathering the assets of the estate and determining their value.
  • Paying the decedent’s debts and final expenses from the estate.
  • Distributing remaining assets to the appropriate people or entities, in line with the decedent’s wishes and all relevant local laws.
  • Completing an accounting to be provided to the court, which is a public record 
  • Obtaining a bond (e.g., insurance) on the estate.
  • Dealing with and settling with creditors on the estate. 
  • Obtaining an appraisal for personal property.
  • Engaging in an estate sale.

JS Burton understands that stepping into an administrator or executor role can be overwhelming and is ready to advise and help you complete the probate process to a successful end.  

How Our Probate Lawyer Can Assist You

We can help with:

  • Filing the Will: Ensuring that the will is properly filed with the appropriate probate court.
  • Appointing an Executor or Administrator: Helping you understand the responsibilities and duties of the executor or administrator and assisting with their appointment.
  • Inventorying the Estate: Assisting in creating a detailed inventory of the decedent’s assets, including real estate, personal property, bank accounts, and investments.
  • Paying Debts and Taxes: Ensuring that all outstanding debts and taxes are paid in accordance with state laws.
  • Distributing Assets: Overseeing the fair and lawful distribution of the remaining assets to the beneficiaries as outlined in the will or by state law.
  • Resolving Disputes and Litigation: Disputes can arise during the probate process, whether it’s a contested will or disagreements among beneficiaries.
  • Handling Intestate Estates: The estate is considered intestate if a loved one passes away without a will. Navigating intestate succession can be particularly challenging, as state laws dictate how assets are distributed. We will help you understand these laws and ensure that the estate is administered in compliance with them.
  • Managing Complex Estates: Complex estates, which may include business interests, multiple properties, or international assets, require specialized knowledge and experience. We are well-equipped to handle the complexities of such estates, ensuring that all aspects are managed efficiently and in accordance with the law.
  • Minimizing Stress and Emotional Burden: The probate process can be emotionally taxing, especially when dealing with the loss of a loved one. We strive to minimize your stress by handling the legal intricacies on your behalf, allowing you to focus on healing and remembering your loved one.

Contact Our Virginia Probate Lawyer Today

At J S Burton, PLC, we are committed to providing the highest level of service and support to families during these difficult times. Our Virginia probate attorney will work diligently to ensure that your loved one’s estate is administered smoothly and according to their wishes. Contact us today to schedule a consultation and learn more about how we can help you through this challenging process.

Contact J S Burton, PLC, today to get started with our Virginia probate attorney.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "ll of John's staff are friendly and personable. I certainly endorse J.S.Burton for anyone needing assistance with their estate planning."

    John has assisted me with my estate planning. All aspects of my trust are clearly defined in a folder which were explained by John and are very clear and easy to understand. John reached out to my financi

    - Elizabeth M.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "I highly recommend his services to anyone in need"
    We consider ourselves very fortunate to have had his guidance for over two decades
    - Ryan D.
    "We are so happy with Mr. Burton's services and would give him the highest recommendation possible."
    We are so happy with Mr. Burton's services and would give him the highest recommendation possible.
    - Kathy R.
    "Excellent service"
    The service was excellent!
    - Susan B.
    "Competent, professional service"
    Competent, professional service.
    - Fred S.
    "Above-and-beyond attitude"
    My family and I are in your debt and look forward to working with you in the future!
    - William P.
    "Outstanding estate planning services"
    Fallon Whidden Esq. provided outstanding Estate Planning services for myself and my family.
    - William P.

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    FAQs

    • What is estate planning?

      When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.

    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.

    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.