The probate process can be a confusing one to track and monitor and one that is rife with uncertainty, regardless of how well your loved one has prepare for the process. Here are some basic considerations to help make a challenging process more tolerable. 

 

 

When a person passes away in Virginia their estate will be divided up based on either the terms of their will or based on a set formula as determined based on the rules of Virginia, with minimum amounts that are set aside for a surviving spouse and for children that are below a certain age. If you don’t have a will, there is a clear pecking order that is defined by court and the estate is divided among these lines. However, if you do have a will your estate will go through an approval process in which your will is formally approved by the court and your assets are divided and distributed to your heirs. 

 

A Probate process is designed to weed out both fake wills as well as those that were made against the stipulations of the deceased party. Those who have passed away will not be able to defend their will and their Probate Lawyer will work on their behalf to have the Will approved. A probate attorney ashburn va will review the will document and determine if it was made in accordance with the laws of Virginia, including obtaining the proper witness signatures and in the proper form. They will then work with an judge to have the terms of the will approved in court and to field any contests against the will raised by the family or loved ones. A judge will review the claims and formally approve or reject the will based on their findings.