Probate

An Executor that fails to make distributions in accordance with the decedent's legal list may be liable for failing to do so if the Executor had knowledge that the legal list existed and provided for a different distribution. On the other hand, if the Executor makes a distribution in accordance with a legal list that is not valid then the Executor may be liable for the distribution. 

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If you are an Executor and you have a Will that you believe is invalid or otherwise questionable, please contact a probate and estate administration attorney ASAP. Its critical, if possible, to contact the attorney before communicating with the probate clerk or the court. Otherwise, you may create an unnecessary and expensive problem.
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Funeral Expenses (reasonable Funeral Expenses) are an obligation of the deceased person's estate in Virginia. However, some rules do apply.
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If an Executor cannot obtain required “Surety” then that Executor will not be appointed by the court and another person will be required to be appointed.

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When qualifying on an estate, the Personal Representative, whether an Executor, Administrator or Curator, is required to post “Bond” (written promise to perform plus to pay if they don’t) and, assuming certain exceptions don’t apply, is also required to post “Surety” (3rd party Security).
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Probate Attorney note: It is important to note that the Notice must be delivered within 30 days of appointment as Executor (not 4 months). The Affidavit of Notice must be delivered to the Commissioner of Accounts within 4 months of executor qualification.
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Every Executor asks what they can do before appointment by the Probate Clerk. The Virginia Code provides that the Executor may “provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste”.
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The Executor is conferred many powers after becoming appointed to the estate. However, spelling out those executor powers exactly can be complicated.
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Every personal representative who is authorized to pay the creditors of the probate estate shall do so in order of priority. Failure to pay the creditors as required by statute can expose the personal representative to personal liability for the debts.

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In Virginia married persons have certain rights to the property of a deceased spouse. Even if the spouse was disinherited by a Will, Trust or gifts during lifetime, the spouse may be entitled to numerous spousal inheritance rights. Such rights include an (i) elective share, (ii) possession of the family residence, (iii) family allowance, (iv) exempt property allowance, and (v) homestead allowance. The following discussion concerns the aforementioned text discussed the forgoing spousal rights.  

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A Probate Attorney should be consulted before you ever meet with the probate clerk. Frequently individuals open up a probate estate unnecessarily thereby exposing them to liability (i.e., IRS) and incurring unnecessary probate fees. If you have already opened up the estate, then it is even more important and time sensitive that you consult a Probate Attorney.

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