Probate and Estate Administration

When a loved one passes away, his or her estate may needto go through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no estate administration is necessary, though the successor trustee needs to attend to the distribution of the deceased’s trust assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. In Virginia, it generally takes at least a year to finalize the administration of an estate.

If you or your loved-one wants to avoid probate, you can do so with a properly drafted and funded revocable living trust. For more information, you should consult your local elder law attorney.