Concise guide to the probate process
The probate process aims at the transfer of the legal title to property from the deceased estate to the beneficiaries according to the terms and conditions mentioned in the will. Each state has specific rules and regulations with regard to this. In Virginia, the process must be initiated at the Circuit Court that holds authority over the county or city of residence (at the time of death) of the decadent.
The Virginia probate process involves the following steps:
- Contact with the court clerk and ask for an appointment
- Submit the original will along with the proof of death of the individual
- Arrange for one attesting witness (if the will is not ‘self-proving’)
- Arrange for two witnesses to testify about the handwriting (if the will is completely handwritten)
- Evaluation of the property
- Estimate the tax deductions and pay off outstanding debts
- Distribution of property (as per the instructions of the will)
Sure sounds simple, right? Well, it is not so. Certain issues may crop up and hamper the completion of the probate process. What are these? The loss of a will or the destruction of it, the attesting witnesses are unable to come and testify at court, the question about the validity of a will and so on may prove to be hindrances.
It is in such circumstances that you require the help of a legal professional. You can consider contacting a probate law firm specializing in this area. This is advantageous as it gives you the option to work with another lawyer in case of the unavailability of one.
There are a number of law firms working in this legal domain. The question is how to choose one. Base your search of a Virginia probate law firm on their reputation, experience, success rate, and such factors that determine their competence.