Probate & Estate Administration Attorney in Arlington, Virginia

Understanding Probate in Trusts and Estates

The term “probate” has two meanings in the context of trusts and estates. Probate, in its narrower sense, refers to “the act or process of proving a will.”1 In Virginia, circuit courts have jurisdiction over the probate of wills. In most cases, the probate process is conducted by a clerk or deputy clerk of the circuit court who reviews a document alleged to be a deceased person’s will and decides whether the document is the decedent’s valid last will and testament. If the clerk or deputy clerk decides that the document is the decedent’s last will and testament, he or she admits the will to probate and files the will in the clerk’s office.

“Probate,” in its broader meaning, is a term used to include all matters of which probate courts have jurisdiction2. In its broader sense, probate refers generally to the process of administration of a decedent’s estate. In that process, the personal representative of the estate collects the decedent’s assets, pays the estate’s debts and expenses, and transfers the remaining assets to the persons entitled to receive them, i.e., the beneficiaries of the estate. The duties that a personal representative will actually be required to perform in a particular case depend on many factors. A personal representative can be obligated to engage in activities that range from performing a limited set of simple tasks to completing a very substantial number of complex steps.

When a person dies, their heirs are often confronted with difficult legal issues. In many cases, the deceased person’s survivors are not even aware of various options or elections that may be available to them. A poor decision at the beginning of the estate administration process may cause an estate to incur substantial unnecessary expenses later in the process. Heirs of a decedent who obtain legal guidance before making important decisions about administering the estate are frequently able to reduce the overall estate administration expenses.

When a person dies, their heirs are often confronted with difficult legal issues. In many cases, the deceased person’s survivors are not even aware of various options or elections that may be available to them. A poor decision at the beginning of the estate administration process may cause an estate to incur substantial unnecessary expenses later in the process. Heirs of a decedent who obtain legal guidance before making important decisions about administering the estate are frequently able to reduce the overall estate administration expenses.

Arlington Estate Administration Lawyer

In many cases, a person who is not a lawyer serves as a personal representative of an estate, also referred to as an executor or administrator. A personal representative normally has significant responsibilities that require them to perform a number of tasks within specified time periods. It is frequently necessary for personal representatives to engage a lawyer to provide assistance by giving advice about certain matters or by performing specific tasks.

The Law Office of James D. Fife can help individuals who need assistance in managing their duties as personal representatives. Based in Arlington, Virginia, James D. Fife serves clients in Vienna, Falls Church, Fairfax, Alexandria, and the greater Washington, D.C. area, and other clients acting as personal representatives of persons who have died in Virginia or Washington, D.C.

When an individual dies in Virginia with an estate, the administration of the estate is supervised by a court in Virginia. Often the surviving spouse or a child of the deceased is appointed executor. James D. Fife is an experienced estate administration lawyer who has guided many clients through the estate administration process. Mr. Fife provides services that assist executors with the payment of debts of the deceased, the management or sale of estate assets, the distribution of assets to beneficiaries, and other matters to be addressed in settling an estate.

Mr. Fife Is Familiar with The Rules and Procedures Governing the Estate Administration Process and The Steps Required to Settle Estates, Including:

• Probate of the will

• Opening of the estate

• Collection of assets

• Preparation and filing of inventories of assets

• Payment of debts and expenses

• Locating relatives of the deceased individual

• Sales of estate assets

• Preparation of estate accountings

• Preparation of estate tax returns and income tax returns for the estate

• Distribution of assets to beneficiaries

If you have estate administration/probate needs in the greater Washington, D.C area, Arlington, Virginia-based estate administration lawyer James D. Fife offers experience and personal service. Contact our law firm today to schedule a consultation.