Northern Virginia Probate Attorneys

If you have been appointed as an executor of your loved one's will, it is most likely because they trusted that you would correctly administer their estate. However, most executors, while their intentions are good, do not know probate law. Experienced counsel is necessary to guide the executor through the process and to ensure that the intentions of the decedent are carried out.

At Melnick & Melnick, PLC, we help executors to understand the probate process. If you have recently been named an executor or intestate administer for an estate, call Melnick & Melnick, PLC for a free initial consultation. We will explain how the process works and help you with the individualized service you need to dispose of a loved one’s estate.

The Probate Process

Administering an estate can be a simple process when the estate is small or proper estate planning has moved much of the decedent’s assets outside of the purview of the probate court. In other situations, the probate process can be long and drawn out as creditors come forward and the need to identify estate heirs arises. In either case, experienced counsel is recommended. In fact, in some cases, counsel is vital to the successful completion of probate and the closing of the estate.

An estate can come to probate in one of two ways. The first, called “testacy”, occurs when the person who has died has made a will. The second, called “intestacy”, occurs when the person dies without a valid will. In intestate proceedings, an administrator is appointed to probate the estate. After all creditors have been paid and heirs are identified, the estate is distributed through a statutorily described method that may or may not reflect the intentions of the decedent.

In the administration of a testate estate, the will must first be proved (or validated) in the eyes of the probate court. In some cases, litigation over the validity of the will or other probate litigation may interfere with this process.

A probate attorney can help you prove the will and provide services throughout the administration of the estate including:

• Probate administration
• Will Proofs
• Interpretation of will provisions
• Accountings
• Identification of heirs
• Validation or challenges to creditor claims
• Will contests
• Set-up and establishment of testamentary trusts
• Transfer of assets or real estate
• Probate and Trust litigation

Contact our Falls Church probate attorneys for an initial consultation.