Legal Question in Wills and Trusts in Virginia

Re: I am administratrix, now what?

You should consult with a Virginia attorney to discuss the application of the law to the facts of your particular situation. Have you already applied to be, or have you been appointed as, the adminstratrix? Does the $13,000 estate include the $7,000 inheritance?

The following is general legal information on small estates in Virginia, including the Virginia Small Estate Act. In cases where a decedent�s entire personal probate estate, wherever located, is worth less than or equal to $15,000, the will was duly probated, a list of heirs was filed, and no personal representative/executor/administrator has been appointed or has an application pending, a person, other than a creditor, who is entitled to property, other than real property, of a decedent under the will of the decedent or by intestate succession may collect the personal property by affidavit as follows:

� 64.1-132.2. Collection of personal property by affidavit. �

A. Sixty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent may make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

1. The value of the entire personal probate estate, wherever located, does not exceed $15,000;

2. At least sixty days have elapsed since the death of the decedent;

3. No application for the appointment of a personal representative is pending or has been granted in any jurisdiction;

4. The will, if any, was duly probated and the list of heirs required by � 64.1-134 was duly filed; and

5. The claiming successor is entitled to payment or delivery of the property, and the basis upon which such entitlement is claimed.

B. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor upon the presentation of an affidavit as provided in subsection A.

A fiduciary may not be required to file an inventory or settlement in case of a small estate under Section 26-12.3 of the Virginia Code:

� 26-12.3. Waiver of inventory and settlement for certain estates. � When a decedent's personal estate passing by testate or intestate succession does not exceed $15,000 in value and an heir, beneficiary or creditor whose claim exceeds the value of such estate seeks qualification, the clerk shall waive inventory under � 26-12 and settlement under � 26-17.3. This section shall not apply if the decedent died owning any real estate over which the person seeking qualification would have the power of sale.

Re: I am administratrix, now what?

Well, I am glad you are asking now because most people just blunder ahead and make all kinds of mistakes.

First, if the $7000 was due to your father from your grandmother before your father died (but not receieved) then it is your father's money, and is part of the estate. You need to combine it with the other funds and administer it as part of your father's estate.

Second, you have already started on the next step which is to see if there are any debts. Your first obligation is to determine what debts, if any, assuming they are VALID debts, your father had and pay them. You may have to publish a legal ad inviting anyone who thinks they have a claim to contact you.

This is one of the main reasons why it can take a long time. You need to wait and see if any debts show up that you did not know about.

Next, make sure that you really know about all of his assets. You may have to do a search to see if there are any items out there that you don't know about.

If anyone owed your father money, or he could bring a lawsuit, you can sue on his behalf.

Also, go to the Clerk of the Court, probate division, of the CIrcuit Court where you live. Make sure they understand that this is a very small estate and you are asking about the streamlined / expedited procedures for small estates.

You may have to fill out an inventory of everything that your father owned, and file it.

Also make sure you have receipts for where all the money -- and all the items -- went.