Estate Administration in Manassas

Are you administrating an estate in Prince William County?

When someone passes away owning real estate or any measurable assets in their name alone, their estate will typically need to be probated. Probate is the official proving and recording of a will. A will is generally probated where the decedent owned a home, or if none, where the decedent owned any real estate. If the decedent didn't own any real estate and he or she died in a nursing home or similar institution, then the decedent's residence is presumed to be where he or she resided prior to becoming a patient at a nursing home or other long-term care facility.

Virginia does not have a separate probate court; therefore, the person holding the will shall present it to the circuit court of the city or county where the deceased resided as discussed above. In most cases the Clerk of the Circuit Court or a deputy clerk handles the probate of a will and the circuit judge does not get involved.

If a person dies leaving behind a will, it is called dying "testate." When a person dies without a will it is called dying "intestate." When someone dies intestate, the laws of the Commonwealth of Virginia go into effect and determine who the heirs are and thus who is to receive the decedent's property.

Appointing the Executor or Administrator

Since the death of a loved one is very emotional and stressful time, the probate of a will can wait a week or so until after the funeral. However, it is recommended that the initial steps in the administration process are started within 30 days of the death.

If there is a will, the person named in the will is normally appointed as the executor to settle the estate. In the absence of a will, within 30 days the clerk may grant administration to a distributee. The basic duties of an executor or administrator are as follows:

• Take possession of the decedent's property.
• Determine the liabilities (debts) of the estate.
• Pay the debts and taxes of the deceased.
• Distribute the remaining assets to the rightful beneficiaries.
• File a complete inventory of the estate within four months with the Commissioner of Accounts.
• Give written notice of qualification or probate to all heirs and beneficiaries within 30 days of qualification for probate.
• Make an accounting, which is a list of all assets of the estate, all distributions and all assets on hand on an annual basis until a final accounting is made.

The laws of Virginia, as in all states, can be complicated when it comes to the administration of estates. If you have been appointed by the court as an executor or an administrator of a Prince William County estate, it's important that you speak with an experienced Manassas probate attorney. With over 25 years of experience guiding clients through probate proceedings, I can simplify the process for you and make sure that things move through the courts as seamlessly as possible.

Contact me at Morisi Associates, PLLC to arrange a consultation with me, I would be more than happy to give you insight and direction into estate administration!