| CHAPTER 1: INITIATING THE ESTATE ADMINISTRATION PROCESS—STEPS BEFORE PROBATE AND QUALIFICATION |
| 1.1 | INTRODUCTION AND DEFINITIONS |
| 1.101 | Introduction |
| 1.102 | Definitions |
| 1.2 | ETHICAL CONSIDERATIONS |
| 1.201 | Identifying the Client |
| 1.202 | Dual Representation |
| 1.203 | Attorney Fees |
| 1.204 | Scope of Representation |
| 1.205 | Attorney as Personal Representative |
| 1.3 | PERSONAL DECISIONS AFTER DEATH |
| 1.301 | Disposition of Remains |
| 1.302 | Funeral Arrangements |
| 1.303 | Payment of Funeral Expenses |
| 1.304 | Death Certificates |
| 1.305 | Obituary |
| 1.306 | Notification of Family Members |
| 1.307 | Organ Donation |
| 1.308 | Autopsy |
| 1.309 | Location of Will |
| 1.310 | Compelling Production of Will |
| 1.311 | Probate of Lost Will |
| 1.312 | Securing Assets |
| 1.4 | INITIAL CONTACT WITH CLIENT |
| 1.401 | Identifying the Client |
| 1.402 | Initial Information to Obtain from Client |
| 1.403 | Review of Will |
| 1.404 | Deciding Whether to Probate |
| APPENDIX 1-1: LEGAL ETHICS OPINION #1599 |
| APPENDIX 1-2: SAMPLE ENGAGEMENT LETTER |
| APPENDIX 1-3: LEGAL ETHICS OPINION #1515 |
| APPENDIX 1-4: APPLICATION FOR CERTIFICATION OF A VITAL RECORD |
| APPENDIX 1-5: REAL ESTATE AFFIDAVIT |
APPENDIX 1-6: VIRGINIA SMALL ESTATE ACT AFFIDAVIT
|
| CHAPTER 2: PROBATE AND QUALIFICATION |
| 2.1 | JURISDICTION |
| 2.2 | WHO MAY QUALIFY AS PERSONAL REPRESENTATIVE |
| 2.201 | Where There Is a Will |
| 2.202 | Where There Is No Will |
| 2.203 | Timing of Appointment |
| 2.204 | Appointment of Personal Representative upon Motion of Any Person |
| 2.205 | Curator |
| 2.3 | REQUIREMENTS FOR PROBATE OF A WILL |
| 2.301 | Self-Proving Will |
| 2.302 | Will That Is Not Self-Proving |
| 2.303 | Holographic Will |
| 2.304 | Witness Missing, Out-of-State, or Deceased |
| 2.4 | METHODS OF PROBATE |
| 2.401 | Ex Parte Probate |
| 2.402 | Quasi Inter Partes Probate |
| 2.403 | Inter Partes Probate |
| 2.404 | Complaint to Establish or Impeach a Will (Devisavit vel non) |
| 2.5 | PROBATE OF LOST OR DESTROYED WILL |
| 2.6 | PROBATE OF LATER WILL |
| 2.7 | PROBATE OF FOREIGN WILL |
| 2.8 | COMPELLING PRODUCTION OF WILL |
| 2.9 | DESTROYING OR CONCEALING WILL |
| 2.10 | PRACTICAL ASPECTS OF EX PARTE PROBATE AND QUALIFICATION BEFORE CLERK |
| 2.1001 | Preliminary Matters |
| 2.1002 | Bond |
| 2.1003 | Surety |
| 2.1004 | Documentation Required at Probate |
| 2.1005 | Fees and Taxes |
| 2.11 | PROBATE AND QUALIFICATION ORDER |
| APPENDIX 2-1: CONSENT OF NONRESIDENT FIDUCIARY FOR SERVICE OF PROCESS |
| APPENDIX 2-2: SELF-PROVING AFFIDAVIT |
| APPENDIX 2-3: SELF-PROVING AFFIDAVIT—ALTERNATIVE FORM |
| APPENDIX 2-4: DEPOSITION OF WITNESS TO WILL WITHOUT SELF-PROVING CLAUSE |
| APPENDIX 2-5: PROBATE INFORMATION FORM AND INSTRUCTIONS |
| APPENDIX 2-6: LIST OF HEIRS |
| APPENDIX 2-7: PROBATE TAX RETURN |
| APPENDIX 2-8: ORDER OF PROBATE AND QUALIFICATION |
| CHAPTER 3: ADMINISTRATION OF THE ESTATE AFTER PROBATE |
| 3.1 | OVERSIGHT BY COMMISSIONER OF ACCOUNTS |
| 3.101 | Establishment of Office and Appointment |
| 3.102 | Duties |
| 3.103 | Powers |
| 3.104 | Local Customs |
| 3.105 | Assistant Commissioner of Accounts |
| 3.2 | GENERAL POWERS AND DUTIES OF PERSONAL REPRESENTATIVE |
| 3.201 | Sources of Powers and Duties |
| 3.202 | Powers Granted by Will |
| 3.203 | Powers Granted by Statute |
| 3.204 | Powers Incorporated by Reference |
| 3.205 | Role of Co-Personal Representatives |
| 3.206 | Standard of Care |
| 3.207 | Duty to Pursue Claims |
| 3.208 | Duty to Report Move from Commonwealth |
| 3.3 | INITIAL DUTIES OF PERSONAL REPRESENTATIVE |
| 3.301 | Collecting Assets |
| 3.302 | Obtaining a Taxpayer Identification Number |
| 3.303 | Establishing the Estate Bank Account |
| 3.304 | Obtaining Letters of Qualification |
| 3.305 | Handling Decedent's Mail |
| 3.306 | Access to Email and Other Digital Accounts |
| 3.307 | Obtaining Death Certificates |
| 3.4 | NOTICE OF PROBATE |
| 3.401 | In General |
| 3.402 | Who Must Provide Notice |
| 3.403 | Who Must Receive Notice |
| 3.404 | Exceptions |
| 3.405 | Time for Sending Notice |
| 3.406 | Form of Notice |
| 3.407 | Method of Delivery |
| 3.408 | Filing of Affidavit |
| 3.409 | Effect of Failure to Give Notice or File Affidavit |
| 3.5 | MANAGING AND ADMINISTERING ASSETS |
| 3.501 | In General |
| 3.502 | Tangible Personal Property |
| 3.503 | Stocks and Bonds |
| 3.504 | Real Property |
| 3.505 | Uniform Real Property Transfer on Death Act |
| 3.506 | Life Insurance |
| 3.507 | Assets in Other States |
| 3.508 | Recordkeeping |
| 3.509 | Appraisals of Property |
| 3.6 | PREPARING AND FILING THE INVENTORY |
| 3.601 | In General |
| 3.602 | Time Period for Filing |
| 3.603 | When Inventory Not Required |
| 3.604 | Valuation of Assets |
| 3.605 | Property Included on the Inventory |
| 3.606 | Filing Requirements and Fees |
| 3.607 | Delivery of Inventory to Beneficiaries |
| 3.608 | Effect of Failure to File |
| 3.609 | After-Discovered Assets |
| 3.7 | FILING ACCOUNTINGS |
| 3.701 | Statement of Accounting |
| 3.702 | Statement in Lieu of Accounting |
| 3.8 | FILING TAX RETURNS |
| 3.801 | Decedent's Personal Income Tax |
| 3.802 | Estate Tax |
| 3.803 | Estate Income Tax |
| APPENDIX 3-1: NOTICE OF PROBATE |
| APPENDIX 3-2: AFFIDAVIT OF COMPLIANCE |
| APPENDIX 3-3: STOCK POWER |
| APPENDIX 3-4: REVOCABLE TRANSFER ON DEATH DEED PURSUANT TO SECTION 64.2-635 OF THE VIRGINIA CODE |
| APPENDIX 3-5: REVOCATION OF TRANSFER ON DEATH DEED PURSUANT TO SECTION 64.2-636 OF THE VIRGINIA CODE |
| APPENDIX 3-6: INVENTORY FOR DECEDENT'S ESTATE AND INSTRUCTIONS |
| APPENDIX 3-7: ACCOUNT FOR DECEDENT'S ESTATE, INSTRUCTIONS, AND SAMPLE ACCOUNT |
| APPENDIX 3-8: STATEMENT IN LIEU OF SETTLEMENT OF ACCOUNT |
APPENDIX 3-9: NOTICE OF INTENT TO FILE A STATEMENT IN LIEU OF SETTLEMENT OF ACCOUNT
|
| CHAPTER 4: CLAIMS, ELECTIONS, AND FILINGS AGAINST THE ESTATE |
| 4.1 | THE AUGMENTED ESTATE |
| 4.101 | Historical Background |
| 4.102 | Electing the Augmented Estate |
| 4.103 | Time for Filing the Election |
| 4.104 | What Constitutes the Augmented Estate |
| 4.105 | Determining the Elective Share |
| 4.106 | Satisfying the Elective Share |
| 4.107 | Right of Spouse to Residence |
| 4.108 | Defenses |
| 4.2 | ALLOWANCE ELECTIONS |
| 4.201 | Family Allowance |
| 4.202 | Exempt Property Allowance |
| 4.203 | Homestead Allowance |
| 4.3 | INSOLVENT ESTATES |
| 4.4 | WILL CONTESTS |
| 4.401 | In General |
| 4.402 | Parties |
| 4.403 | Appointment of Curator |
| 4.404 | Expenses |
| 4.405 | Grounds |
| 4.5 | DISCLAIMERS |
| 4.501 | In General |
| 4.502 | Persons Who May File Disclaimer |
| 4.503 | Contents of Disclaimer |
| 4.504 | Filing and Recording |
| 4.505 | Effect of Disclaimer |
| 4.506 | Form of Disclaimer |
| APPENDIX 4-1: CLAIM TO AN ELECTIVE SHARE PURSUANT TO SECTION 64.2-302 OF THE VIRGINIA CODE FOR DECEDENTS DYING BEFORE JANUARY 1, 2017 |
| APPENDIX 4-2: CLAIM TO AN ELECTIVE SHARE PURSUANT TO SECTION 64.2-308.12 OF THE VIRGINIA CODE FOR DECEDENTS DYING ON OR AFTER JANUARY 1, 2017 |
| APPENDIX 4-3: CLAIM FOR FAMILY ALLOWANCE |
| APPENDIX 4-4: APPEAL FROM CLERK'S ORDER |
| APPENDIX 4-5: COMPLAINT TO IMPEACH A WILL |
APPENDIX 4-6: DISCLAIMER
|
| CHAPTER 5: SPECIAL PROBLEMS IN ADMINISTRATION |
| 5.1 | SUIT FOR AID AND GUIDANCE FROM COURT |
| 5.101 | In General |
| 5.102 | Reasons to Seek the Court's Guidance |
| 5.103 | Filing |
| 5.104 | Parties |
| 5.105 | Role of Personal Representative |
| 5.106 | Estate Liable for Costs of Suit |
| 5.2 | OTHER COURT ACTIONS |
| 5.201 | Distribution of Funds for Missing Beneficiary |
| 5.202 | Distribution of Funds Pursuant to Section 64.2-2301 |
| 5.203 | Standing of Personal Representative |
| 5.204 | Malpractice Claims Against Attorneys |
| 5.3 | REMOVAL OF FIDUCIARY |
| 5.301 | In General |
| 5.302 | Removal of Personal Representative |
| 5.303 | Successor Fiduciary |
| 5.4 | PROBATE OF A FOREIGN WILL |
| 5.401 | In General |
| 5.402 | Procedure |
| 5.403 | Probate of Virginia Will Elsewhere |
| 5.5 | SPECIAL ASSET PROBLEMS |
| 5.501 | In General |
| 5.502 | Real Estate |
| 5.503 |
