When a close friend or family member passes away, you may be responsible for guiding their estate through probate. This is the process by which the will—if there is one—is proven valid and the deceased's property is distributed among eligible beneficiaries. Thankfully, a seasoned attorney can help you navigate every stage of the proceedings. In the meantime, here are the answers to some of the most frequently asked questions about this legal process. 

Probate Questions Answered

What happens during probate?

To commence the probate proceedings, you must gather any estate planning documents and then file a petition in the county where the deceased resided at the time of death. You will then be required to notify all eligible creditors, heirs, and beneficiaries. After locating all assets, it’s time to handle any outstanding debts and file the deceased’s final tax returns. Once these steps are completed, the remaining assets will be distributed according to the terms of the will or the laws of intestate succession. 

Can you skip the probate process?

There are a few scenarios in which probate can be simplified or bypassed altogether. In Virginia, for example, probate is not required if the value of the deceased’s assets do not exceed $50,000. Instead, the named beneficiaries can complete affidavits to assume ownership. The proceedings can also be avoided if all the deceased's assets are considered non-probate property. Examples include life insurance proceeds, property that was transferred to revocable living trusts and assets with beneficiary designations.

How long does probate take?

Since every situation—and every family dynamic—is different, there’s no set timeline for completing probate. Naturally, simpler estates with fewer assets are typically easier to settle; however, if disputes arise along the way, it can extend the duration of the proceedings considerably. Generally, families can expect probate to take at least six to nine months, although some cases can drag on for years. 

Should I hire an attorney to help with probate?

Unless you happen to have a lot of experience settling estates, it’s wise to consult an attorney before getting started. Your lawyer will draft and file all necessary documents, prevent you from missing critical deadlines, and mitigate potential disputes. Should issues arise anyway, an attorney will also help you resolve them as quickly and favorably as possible. 

If you need help settling a loved one’s estate—or you want to make arrangements to protect your family after your own passing—turn to a lawyer at PoindexterHill, P.C. Founded in 1976 in Waynesboro, VA, this full-service firm is one of the Shenandoah Valley’s oldest and most respected practices. Their seasoned attorneys can assist with virtually all your legal needs, from estate planning and criminal defense to personal injury filings and business structuring. To schedule a consultation and start the probate proceedings, call (540) 943-1118. Visit them online to browse their practice areas.