Legal Question in Wills and Trusts in Virginia

My mother, who lived in NC, was moved by my brother to Virginia because of Cancer. She died with a no will and a small estate. She had a home that was sold and $10,000 was made on the sale. There was approx. $8000 in other assets to be sold and distributed. My brother (executor) says that he must wait 1 year before distribution of the estate due to possible claims or unpaid bills of the estate. I would like to know if creditors have a certain span of time to collect debts of a deceased person and what that time span would be.


Asked on 8/24/09, 12:57 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

In Virginia, decedents' estates are kept open roughly 16 months or so for the submission and payment of creditors' claims.

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Answered on 8/29/09, 7:10 am


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