Legal Question in Wills and Trusts in Virginia

Re: Estate Law

I could be wrong, but I am not aware of any deadline (unless there is another relative who might beat you to it).

I know of a case that has gone on for years becuase the family cannot agree on a personal representative (executor) and has a dispute.

Usually the heirs complain that things drag on a very, very long time. So having a short deadline is really not the problem.

Now, because you are not a resident of Virginia, you may have a problem qualifying as the personal representative unless you affiliate with a local attorney or some similar arrangement. The idea is that there must be a place in Virginia where you can be legally "served" with any claims by your brother's creditors, etc., etc.

You should also contact the Commissioner of Accounts in the County where your brother lived, because they oversee the process and may have some useful guidance, forms to use, etc. You have to submit reports to the Commissioner of Accounts, so it si good to know going in what they will require.

Basically it is useful to compare this to balancing your checkbook. Yo must inventory all of your brother's assets. You must then pay VALID debts of your brother (not just everyone who demands money, but those who are valid and can prove it). You will need to publish a legal notice to creditors to tell them where to file their claims. Then you must prove where all the money and possessions went. YOU MUST HAVE RECEIPTS FOR EVERYTHING, INCLUDING DISTRIBUTIONS OF MONEY.

If he was divorced, you might face some opportunism from the ex-wife. Make sure there is not a wlll you don't know about.

What County is it in?

Re: Estate Law

Virginia probate law requires you to personally present yourself to the Circuit Court Probate Clerk in the county in which your brother died and present a death certificate and request that you be named administrator. You will need to make a preliminary inventory of his estate, and will have to pay a small probate tax based on the value of his estate, as well as posting bond.

Many Probate Clerks require an appointment be made in advance.

Re: Estate Law

I am sorry for your loss. You should qualify as soon as possible. Call the clerk of court where he died to make an appointment and discuss the process and necessary paper work. You may obtain death certificates from the funeral home or the Virginia Division of Vital Records.