What to Do When a Loved One Passes Away: A Guide to Virginia Estate Administration

Losing a loved one is an emotionally challenging time, and the legal and administrative tasks that follow can feel overwhelming. If you’ve been named the executor a loved one's estate or if you wish to qualify as administrator of an estate in Virginia, you may be unsure of where to begin. At Fidelis Law, PLC, we specialize in estate administration, probate, and estate litigation, and we’re here to guide you through the process.

This blog post outlines the steps you can take when a loved one passes away to prepare for the administration of their estate under Virginia law. Whether you’re in Abingdon, Bristol, Lebanon, Tazewell, Grundy, Marion, or elsewhere in Southwest Virginia, these practical steps will help you navigate the estate administration process.

Key Steps to Take After a Loved One Passes Away in Virginia - A Practical Guide for Families in Southwest Virginia

Step 1: Secure Important Documents

The first step in administering an estate is to locate and secure important documents. These may include:

• The deceased’s will (if one exists)

• Death certificate (you’ll need multiple certified copies, and these can typically be obtained through the funeral home)

• Social Security number

• Titles for vehicles, boats, etc

• Financial statements (bank accounts, investment accounts, etc.)

• Insurance policies

• Tax returns

If the deceased had a safe deposit box, you will need to work with the bank to access it. Under Virginia law, only the executor or administrator of the estate can access the box once the owner has passed away, so you will have to wait until the Circuit Court Clerk issues your Letters of Qualification.

Step 2: Open the Estate

Probate is the legal process of validating, or filing, the will (if one exists) with the local Court, qualifying as executor, and administering the estate. If there is no will, you can be appointed as administrator of the estate and serve the same function as an executor. In other words, the executor and administrator serve the same function - the only distinction is whether or not there is a will.

In Virginia, estate administration is handled by the Circuit Court in the county where the deceased lived. Key steps include:

• Recording the will and qualifying as executor, or, if no will is found, qualifying as administrator

• Paying any required probate taxes or fees

• Notifying heirs and beneficiaries

It is important to note that the estate administration process is overseen by the Commissioner of Accounts, which is an attorney appointed by the local court to oversee the handling of money by court-appointed fiduciaries (conservators, executors, trustees, etc). The Commissioner of Accounts reviews the inventory of assets, accountings, and creditors' claims, among other things, to ensure the estate is being administered in an appropriate, legally compliant manner.

(Note: steps 3-5, below, are typically being addressed at the same time)

Step 3: Notify the Relevant Parties

Notify the following parties of the death:

• The Social Security Administration

• Banks, credit card companies, and other financial institutions

• Insurance companies (life, health, auto, etc.)

• Employers or pension providers

• Utility companies and service providers

This step helps prevent identity theft and ensures that accounts are properly managed or closed. Once you qualify as executor or administrator, you will also be required to send a notice of qualification to the all of the deceased's heirs and file an affidavit with the Clerk that you have completed this step.

Step 4: Locate and Preserve Assets

As the executor or administrator, it’s your responsibility to identify and protect the deceased’s assets (among many other obligations). This may include:

• Real estate (homes, land, rental properties)

• Personal property (vehicles, jewelry, furniture)

• Financial accounts (checking, savings, retirement accounts)

• Business interests

• Unclaimed property held by the State of Virginia (https://www.vamoneysearch.gov/)

Take steps to secure physical assets, such as changing locks on properties or storing valuables in a safe place. For financial accounts, contact the institutions to freeze or transfer funds as needed. Reviewing the bank statements will be a great way to inform you of any automatic payments being debited out of the deceased's account. This will serve two functions: preventing any unnecessary "monthly" payments to subscription services, etc., and it will also identify other debts and/or obligations that may have been unknown.

Step 5: Assess Debts and Liabilities

Under Virginia law, the estate is responsible for paying the deceased’s debts before distributing assets to beneficiaries. Start by:

• Reviewing the deceased’s mail for bills and statements

• Contacting creditors to notify them of the death

• Creating an inventory of debts, including mortgages, credit cards, medical bills, and taxes

Be cautious about paying debts too quickly. Some debts may be disputed, while others may not need to be paid from the estate’s assets. Also, there is a statutory order in which valid debts are to be paid based on "priority."

You must also assess the deceased's tax liability for the income earned during the period of the calendar year prior to their passing. There is also a good chance there could be post-death income that would require an estate tax return. An experienced estate administration attorney can help you navigate this process.

Step 6: Distribute Assets to Beneficiaries

Once debts, taxes, and administrative expenses have been paid, the remaining assets can be distributed to beneficiaries. This process must comply with the terms of the will or Virginia intestacy laws.

Step 7: Close the Estate

After all assets have been distributed and all obligations have been fulfilled, you can file a final accounting with the Commissioner of Accounts, and, if approved, it will be filed with the court along with a request to close the estate.

*It is important to remember that the information above is merely an outline of the estate administration process and does not encompass all of the statutory requirements that address the estate administration process.

How Fidelis Law, PLC Can Help

Administering an estate in Virginia can be complex, especially if there are disputes among heirs, significant debts, or unclear instructions in the will. Even if these hurdles do not exist, there are many requirements placed on an executor and/or administrator of an estate that can be cumbersome while trying to navigate every day life and grieving the loss of a loved one. At Fidelis Law, PLC, we provide compassionate and knowledgeable legal guidance to clients in Abingdon, Bristol, Lebanon, Tazewell, Grundy, Marion, and throughout Southwest Virginia.

Our practice areas include:

• Estate administration and probate

• Estate litigation

• Civil litigation

• Real estate litigation

• Guardianships and conservatorships

If you’re facing the responsibility of administering an estate, don’t navigate the process alone. Contact Fidelis Law, PLC, today to schedule a consultation. Let us help you honor your loved one’s wishes and protect their legacy.

Contact Fidelis Law, PLC

Serving Southwest Virginia, including Abingdon, Bristol, Lebanon, Tazewell, Grundy, and Marion, Fidelis Law, PLC, is here to assist with all your estate administration and probate needs. Call us at 423-777-8247 or email us at faith@fidelislaw.org to schedule a consultation.