Northern Virginia Estate Probate Attorneys

Unlike estate planning, which primarily focuses on preparing for the future, estate administration occurs after a person has passed. This process typically involves managing and distributing the deceased's assets according to their estate plan.

At Ryland & Merchak, PC, we understand that estate administration can be overwhelming, especially due to the emotional challenges of dealing with the passing of a loved one. Our attorneys provide professional legal guidance to help make sure the deceased's wishes are respected in accordance with Virginia state law.

We will strive to guide you through every step, from settling any outstanding debts to correctly distributing assets. Located in Woodbridge, Virginia, we serve clients throughout Northern Virginia, including Prince William County, Stafford County, Fairfax County, and the surrounding areas. Contact us today to schedule a consultation.

What is Estate Administration?

Estate administration refers to the post-death management of identifying, inventorying, and distributing (or transferring) a deceased person’s assets and liabilities, typically by an executor (if the individual left a will), personal representative, or an administrator (if they died intestate, meaning without a will).

It's important to note that estate administration is different than probate or estate planning. Probate refers to the state-supervised process for validating a will and distributing an estate in accordance with the will’s provisions. If no will was left behind, the probate process will distribute assets in accordance with state law.

On the other hand, estate planning is performed during a person’s lifetime and involves creating a will or trust, establishing powers of attorney, and other tools to manage and distribute one’s estate according to their preferences. Estate administration is the process of executing those instructions and fulfilling specific fiduciary responsibilities.

Fiduciary Responsibilities for Estate Administration

Estate administrators have specific fiduciary responsibilities and are held to strict standards when fulfilling these obligations. Some of the primary legal and fiduciary responsibilities often include collecting the decedent’s assets, paying outstanding debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries.

If you are listed as an executor or a personal representative, it's important to conduct these duties with the highest level of care and prudence. The commissioner of accounts for the Virginia Circuit Courts, which has jurisdiction over probate, is responsible for overseeing fiduciary duties, including executors of estates.

An Overview of the Estate Administration Process

Virginia has specific rules governing the administration of estates. Whether you are named as an executor in a will or are stepping in as an administrator, there are specific legal steps and requirements in the estate administration process that you will be required to fulfill.

1. File the Will and Qualify as Executor or Administrator

If the decedent had a will, it will need to be filed with the clerk of the circuit court in the Virginia locality where the decedent resided. The executor named in the will must then qualify before the court to begin their duties. If there is no will, someone must petition the court to be appointed as the administrator of the estate. An attorney can assist with preparing the necessary paperwork and represent you during this qualification process.

2. Inventory the Decedent’s Assets

Virginia law requires a detailed accounting of the estate’s assets, including real property, personal property, financial accounts, and other valuables. Executors or administrators must submit an inventory of the estate to the Commissioner of Accounts, typically within four months of qualification. This makes sure that the estate is properly documented and valued.

3. Pay Any Outstanding Debts and Taxes

Before distributing any inheritance, the estate must first settle any outstanding debts and obligations. This can include paying funeral expenses, medical bills, credit card debt, and other liabilities. Additionally, Virginia law requires the executor or administrator to file state and federal tax returns on behalf of the decedent, including estate tax returns if applicable.

4. Distribute the Remaining Assets

Once debts and taxes have been handled, the remaining assets can be distributed to the beneficiaries named in the will or, if no will exists, to the heirs determined by Virginia’s intestacy laws. The state's intestate succession laws outline the process for dividing assets among surviving spouses, children, and other relatives. An experienced attorney can provide the guidance you need to navigate these distribution rules and resolve any disputes or ambiguities that may arise.

5. Provide a Final Accounting

Virginia requires executors or administrators to submit a final accounting of the estate to the Commissioner of Accounts. This report details the estate’s financial transactions, including the assets collected, debts paid, and distributions made. Preparing and submitting this accounting can be a meticulous task; an experienced attorney can help make sure it is done accurately and in compliance with state law.

Why Choose Ryland & Merchak, PC for Estate Administration?

At Ryland & Merchak, PC, we are committed to standing by our clients. Estate administration is not just a technical task; it involves helping families find closure and making sure your loved one’s final wishes are honored. Some reasons why our clients select us for estate administration in Virginia include the following.

• Experienced knowledge of Virginia law: Understanding Virginia’s estate and probate laws is crucial for a successful administration process. We have years of experience serving clients in Northern Virginia, and we are well-versed in these legal requirements.

• Personalized attention: We know that every estate is unique. Whether your loved one left behind a simple will or a complex portfolio of assets, we tailor our approach to meet your family’s specific needs and circumstances.

• Efficiency and accuracy: Estate administration involves numerous steps that must be completed within strict deadlines. We take pride in managing these tasks efficiently to ensure compliance with Virginia law while minimizing delays and complications.

• Compassionate support: We recognize that estate administration is a deeply emotional process. Our team approaches every client interaction with care and understanding, providing both personal and legal support.

Following the loss of a loved one, it can be challenging to navigate the legal and practical ramifications. Fiduciaries are required to adhere to detailed, intensive requirements to fulfill their duties. Any deviation from these responsibilities can expose you to personal liability. Our estate administration attorneys will guide you through the process step-by-step to ensure that the estate is handled properly.

Estate Administration Attorneys in Woodbridge, Virginia

If you are facing the responsibility of administering an estate in Virginia, it's important to consult an experienced attorney as soon as possible. At Ryland & Merchak, PC, our estate administration lawyers are dedicated to guiding you through this process and making sure the estate is handled in accordance with the law and the decedent’s wishes.

Located in Woodbridge, Virginia, we serve clients throughout Northern Virginia, including Prince William County, Stafford County, Fairfax County, and the surrounding areas. Contact us today to schedule a consultation.