Best Probate Lawyers in Virginia Beach

FAQs

• What is the non-emergency contact number for the local police station in Virginia Beach, Virginia?

  Contact the police in Virginia Beach at (757) 385-5000 to report non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Virginia Beach, Virginia?

  Police reports can be secured online at https://www.vbgov.com/government/departments/police/Pages/epro.aspx. If you have questions, call the Internal Affairs Bureau of the Virginia Beach Police Department at (757) 385-4145 or send an email to vbpd@vbgov.com.

• In which court should a will in Virginia Beach be probated?

  Wills in the state are generally probated at circuit courts. The Virginia Beach Circuit Court is located on the 3rd Floor of Building 10 and 10B at 2425 Nimmo Parkway, Virginia Beach, VA 23456-9017. The probate and wills division can be reached at (757) 385-8831. The Office of the Clerk is open from 8:30 a.m.-4:00 p.m.

• What are some issues that may arise even in a carefully planned estate in Virginia Beach?

  Some of the concerns that may arise include probate and trust administration, debt or lawsuit claims, and estate tax matters. Even carefully planned estates in Virginia Beach may have problems with the sale of real estate or concerns with homestead properties. There are also matters to deal with regarding notifying creditors and guiding trustees, administrators, and executors.

• How is property inherited when someone in Virginia Beach dies without a will?

  When there is no will in Virginia Beach, the remaining property will be inherited by the spouse, if there are no children. When there are children, two-thirds will go to them and one-third to the spouse. The deceased's parents will inherit the property if there are no surviving children or spouses. In the absence of the above-mentioned beneficiaries, the siblings of the deceased will inherit the property.

• How long does it take to settle an estate in Virginia Beach?

  It usually takes six months to several years for probate to be resolved and the estate to be settled. The timeframe when an estate in Virginia Beach can be settled depends on various factors. These can be the size, value, and complexity of the deceased's properties and assets and whether there are claims, creditors, and debts.

• Where can death certificates be obtained in Virginia Beach?

  Death certificates can be obtained at the Vital Records Office of the Virginia Beach Department of Public Health. The office is situated at the Pembroke Corporate Center III 4452 Corporation Lane Virginia Beach, VA 23462. It is open from 8:15 a.m.-4:00 p.m. from Mondays through Fridays. It can be reached at (757) 518-2700.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.