Legacy Law Group Of Northern Virginia, PLLC.

Call For A Consultation

(703) 492-9955

Office Location

8567 - D Sudley Road Manassas, VA 20110

Legacy Law Group Of Northern Virginia, PLLC.

Call For A Consultation

(703) 492-9955

Office Location

8567 - D Sudley Road Manassas, VA 20110

Legacy Law Group Of Northern Virginia, PLLC.

5 Myths About Probate You Must Know Now

  • By: David B. Wilks
  • Published: May 10, 2017
5 Myths About Probate You Must Know Now

Probate is the legal process of administering an estate after someone dies in Northern Virginia, and in most states. It’s a complicated maze, leading to many misconceptions. Let’s dispel some of the most pervasive myths about probate and set you on the path toward better understanding of what lies ahead.

Myth #1: A will is valid once it is on paper, signed, and witnessed

The purpose of probate is to prove in Virginia court that a decedent’s will is legally valid. The probate process also identifies and inventories the decedent’s property, directs property appraisal, and supervises the proper payment of debts and taxes. The probate also supervises property distribution according to the will, and the transfer of the title and ownership of assets to designated beneficiaries.

Myth #2: I have to probate my own will

An estate executor has the responsibility to probate a decedent’s will. Your estate’s executor must take your will through the probate process at the appropriate Virginia Circuit Court. If you work with experienced probate attorneys in Virginia to craft your will, the probate process likely will proceed more smoothly for your executor and your beneficiaries.

Myth #3: There is no way around probate

Probate can be an estate administration maze, but there are ways (such as through the creation of certain types of trusts) to avoid it during the estate planning process, usually with tax purposes in mind. However, know that trusts can be thorny, too, and can result in controversy and liability if not undertaken and crafted properly.

Myth #4: As a trustee,I don’t need a lawyer

As a trustee, you have certain fiduciary responsibilities. If they are not carried out properly, you could face personal liability and a court battle. Let our law firm, experienced with trustee matters, including serving as a trustee, help you steer clear of controversy.

Myth #5: I don’t need a lawyer to probate a will

When you are grieving the loss of your loved one, a probate attorney can guide you through the estate administration maze. This is a time when proper and knowledgeable legal help can be most gratifying.

Contact the experienced probate attorneys at Legacy Law Group of Northern Virginia to discuss what planning tools are best for you and your family. We’ll present options available to avoid probate, or at least ease the process. Contact us today via email on this page or call (703) 492-9955.

Legacy Law Group of Northern Virginia is experienced and trained in all matters of probate, estate planning, trusts and estate administration, as well as in-house litigation. Our attorneys, included David Wilks, are named Legal Leaders by Virginia Business Magazine each year, and reviewed by fellow attorneys to be among the top 1% nationally to earn the Preeminent distinction for legal expertise, ethics and professionalism by Martindale-Hubbell.

Disclaimer

This blog/web site is made available by Legacy Law Group of Northern Virginia for educational purposes only, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Legacy Law Group of Northern Virginia or Vanderpool, Frostick & Nishanian, P.C. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

David B. Wilks, Esq.

David Wilks has practiced law in Northern Virginia and
Prince William County for more than thirty years as
a tax lawyer by training and education. Read More