Frequently Asked Questions about
Estate Planning, Wills, Trusts, and Probate

• Are there benefits to probate in Virginia?

Virginia probate does provide some benefits. Most importantly, it provides a degree of court supervision to make sure a deceased person’s property is accounted for and distributed by his executor as he intended.

Probate also offers some protection against creditors of the deceased who do not file claims promptly. In Virginia probate practice, once a distribution hearing is held before the Commissioner of Accounts (sometimes as soon as seven months after the executor is qualified, but often later) it becomes more difficult (although still possible) for creditors to claim additional interests in the estate.

“Discourage litigation. Persuade your neighbor to compromise whenever you can. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.” –Abraham Lincoln