What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? — VA
How to prove you are next of kin and qualify as administrator in a reopened estate in Virginia Short answer: To qualify as administrator when an estate is reopened in Virginia you must file a petition in the circuit court that handled probate, prove your relationship to the decedent with certified documents (birth, marriage, adoption […]
Read article →How can I reopen my father's closed estate in Virginia so I can be appointed as administrator?
Can I reopen my father's closed estate in Virginia so I can be appointed as administrator? Short answer Yes—under Virginia law you can ask the circuit court that handled the original probate to reopen a closed estate and request appointment as administrator, but you must show a legal basis (for example, newly discovered assets, fraud, […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate? — VA
Detailed Answer When an estate's original administrator dies before the probate is complete, the court must appoint a successor to finish administering the estate. The process in Virginia usually involves notifying the probate court, confirming the remaining administration tasks, and petitioning the circuit court for appointment of a successor personal representative (often called an administrator […]
Read article →What happens if a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? — VA
Detailed Answer If a title survey and the recorded deed chain show that property was transferred out of your mother’s estate decades ago, the most likely legal consequence is that you no longer hold a property interest. A recorded deed that validly conveys title usually transfers ownership to the grantee, and a later-discovered heir or […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements — VA
Detailed Answer — How to get the probate court’s permission to sell estate property in Virginia when the clerk’s office won’t explain filing requirements This answer explains what the probate process usually requires in Virginia, practical steps to get a court order to sell real estate, and what to do when court clerks decline to […]
Read article →Can I recover personal items heirs removed from the house before I took possession and enforce the court’s order? (VA)
Detailed Answer Short answer: Yes — in Virginia you can often recover personal items that heirs removed from a house before you took possession and you can ask the court to enforce its order. Which remedy fits best depends on whether the items belong to the estate, the nature and value of the items, whether […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts? (VA)
How an executor (personal representative) sells estate real estate to pay debts in Virginia FAQ-style guide for Virginia personal representatives. This is general information only and is not legal advice. Short answer As the personal representative (executor) in Virginia you must: be validly appointed and hold letters testamentary or letters of administration; identify estate assets […]
Read article →Can heirs of a deceased sibling be included in a partition action in Virginia (VA) and how do I add them?
FAQ: Including Heirs of a Deceased Sibling in a Virginia Partition Action Short answer: Yes — if your deceased sibling owned an interest in the property you want partitioned, that ownership interest typically passes to the decedent’s personal representative (if the estate is open) or directly to the heirs (by probate or by intestate succession). […]
Read article →When Can an Executor Be Removed in VA?
FAQ: Removing an Executor (Personal Representative) under Virginia Law Quick answer: In Virginia, a court can remove a personal representative (commonly called an executor when named in a will) if the representative is unfit, refuses or neglects to perform duties, wastes estate assets, misapplies funds, fails to give required accounts, becomes incapacitated, is convicted of […]
Read article →What Is “Probate in Common Form” in VA?
Understanding how wills are admitted and what a summary probate means in Virginia Short answer: What many states call "probate in common form" is a summary admission of a will that creates prima facie proof of its validity but remains open to later challenge. In Virginia, wills are admitted and estates administered through the circuit […]
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