Oakton Probate Attorneys

When a loved one passes on, their loved ones will typically have to sort through the estate that was left behind. This can be a stressful time, not only for the beneficiaries of the estate, but also the person appointed to handle the estate—whether that person was named in a will or selected by the court. If you need help navigating this process, reach out to an Oakton, Virginia probate lawyer today.

At Robinson Law, PLLC, we provide guidance and advocacy for people going through probate. With our decades of trial experience, our attorneys are prepared to represent you in court and stand up for your interests.

What Is Probate?

Probate is the legal process of settling the affairs of someone who has died. In plain terms, it answers three questions: Is this the person's real will? Who is in charge of handling the property? Who ends up receiving it?

In Virginia, the process begins at the circuit court clerk's office in the city or county where the person lived. A family member brings in the original will, a death certificate, and basic information about the person's property. The clerk reviews the will, records it, and gives legal authority to the person who will manage the estate. From there, the estate's debts and taxes are paid, and whatever remains is distributed to the people named in the will or, when there is no will, to the relatives the state identifies as heirs.

Not everything a person owns travels through probate. Life insurance, retirement accounts, and bank accounts with a named beneficiary go directly to that person. Property owned jointly with survivorship rights and assets held in revocable trusts can also bypass probate. Smaller estates may qualify for simplified handling that avoids a full court administration.

What Is an Executor or Estate Administrator's Duty During the Probate Process in Virginia?

An executor is the person named in the will to carry out its terms. An administrator is appointed when there is no valid will or when the named executor has died, declined, or is unable to serve. Either way, the person qualifies before the clerk and receives documents proving the authority to act for the estate.

The duties that follow are owed to the estate and its beneficiaries, not to the person holding the title. Those duties generally include locating and securing assets, notifying heirs and beneficiaries, filing an inventory with the commissioner of accounts, paying valid debts and final taxes, keeping records of every transaction, filing periodic accountings, and distributing leftover property not addressed in a will. A personal representative who mixes estate funds with personal funds, pays the wrong creditors first, or lets required filings slip past their deadlines can face personal liability for the resulting loss.