Northern Virginia Probate Attorney

Dominion counsels clients in Virginia and Maryland in all aspects of the probate process and the administration of decedent’s estates.  Probate and estate attorney David Knasel has substantial experience in administering and efficiently concluding estates, as well as in litigating estate disputes.  The estate administration process poses a variety of issues for family members, fiduciaries, and beneficiaries.  The guidance of an experienced professional can help interested persons efficiently resolve an estate, while preserving assets and limiting potential liability.

What is probate?

Probate is a judicially-supervised system for administering the estates of deceased persons.  In Virginia, probate occurs in the Circuit Court and before a Commissioner of Accounts appointed by the court.  In Maryland, the Orphans Court is responsible for overseeing the probate process.  In general, when there is a will, the process involves the following steps:

·            admitting the will to probate

·            qualification of the personal representative (executor or administrator)

·            filing of an inventory of the estate, followed by periodic accountings

·            resolution of claims against the estate

·            distribution of assets to beneficiaries

While probate can be a time-consuming process, and every estate is different, Dominion aims to help its clients navigate and complete the process as quickly and efficiently as possible.  Not all assets are subject to the probate process, and with effective estate planning probate can be avoided or simplified.

For Fiduciaries

Dominion represents executors, administrators, and personal representatives of estates, assisting them in carrying out their duties properly and according to law.  If you have been named as an executor or executrix in a will, or are the personal representative of someone who died without a will (intestate), then it is important that you fully understand and fulfill your responsibilities.  A fiduciary may be liable to beneficiaries, heirs, or creditors if he or she fails to do so.  However, there are steps that can be taken to limit this potential liability.  Dominion can provide critical professional guidance on the administration of estates, including:

·            filing the necessary documents and complying with the rules of probate;

·            handling claims of creditors of the deceased, while limiting liability;

·            resolving an insolvent estate, while preserving the rights of family members;

·            making distributions to beneficiaries;

·            dealing with disputes among family members; and

·            post-mortem tax planning and filing estate tax returns.

For Heirs and Beneficiaries

Dominion also represents the heirs and beneficiaries of deceased persons, assisting them to enforce their rights.  Often, an heir or beneficiary may have certain rights available, of which they may not be aware.  Or, an heir or beneficiary may simply want to ensure that they are being treated fairly and that the legal procedures are being followed appropriately.  Dominion counsels heirs and beneficiaries on such issues, including:

·            contesting wills that were made under undue influence or are otherwise invalid;

·            filing elections to preserve the rights of spouses and family members;

·            ensuring that distributions are proper, fair, and timely; and

·            removing personal representatives who are failing to perform their duties.