Virginia Probate Process: In 7 Simple Steps
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Virginia CLE |
|
6 Total | 10-31-2026 |
Buy This Course
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Overview
Learn How to Handle Assets, Taxes, Personal Representatives, and More!
This step-by-step practical instruction offers essential knowledge of probate processes and best practices for handling each unique case effectively. Learn how to tackle crucial first steps; handle the personal executive; gather, value, and distribute all assets; and successfully complete the final accounting and tax returns. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!
- Don't overlook anything important: confidently navigate critical first steps.
- Understand executor powers, duties, responsibilities, and compensation guidelines.
- Learn how to effectively marshal and inventory all assets.
- Pick up tips for validating, prioritizing, and satisfying creditor claims.
- Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
- Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.
- Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.
Abbreviated Agenda
- Opening the Estate
- Preparing the Personal Representatives for the Job
- Managing the Estate: Valuations, Spousal Share, and More
- Addressing Creditor Claims
- Post-Mortem Tax Planning, Distributions, and Trust Administration
- Handling Estate Closing, Final Accounting, and Tax Returns
- Maintaining an Ethical Practice
- Resolving Disputes and Navigating Probate Litigation
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Virginia CLE |
|
6 Total | 10-31-2026 |
Select Jurisdiction
CLE
Agenda
-
Opening the Estate
- What to Do in the First 48 Hours
- Obtaining the Will and Getting it Admitted
- Locating and Notifying the Beneficiaries
- Determining if the Estate Qualifies for a Small Estate Administration
- The Estate Timeline - What Must be Done When
- Filing the Initial Petition With the Probate Court: Forms and Procedures
- Sending Initial Notices to the Public and to State Agencies
- Closing the Decedent's Accounts
- Obtaining the Estate Tax ID
- Laws of Intestacy
-
Preparing the Personal Representatives for the Job
- Educating PRs on Their Duties, Powers, and Responsibilities
- Compiling Personal Representative Guide/Instructions
- Clarifying Executor Compensation
- Advising PRs on Potential Problems and Liability
-
Managing the Estate: Valuations, Spousal Share, and More
- Marshalling and Valuing Decedent's Assets
- Initial Inventory
- Maintenance and Management
- Determining Elective Share and Homestead Allowance
- Spousal Rights: Electing vs. Disclaiming the Share
- Claiming Homestead Allowance
- Portability Rules; Claiming Unused Lifetime Exclusion
- Estate Expenses: Payment and Record-Keeping
- What to Do With the Income the Estate is Producing
-
Addressing Creditor Claims
- Issuing Notices to Creditors: What Works Best
- Validating Claims
- Determining the Priority of Creditor Rights
- Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
- Satisfying Tax Claims and Liens
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Post-Mortem Tax Planning, Distributions, and Trust Administration
- Managing the Tax Consequences of Elections and Receipt of Non-Probate Assets (e.g. IRA Distributions)
- Tax Implications of Transfers
- Creating Trusts and Subtrusts for Multiple Beneficiaries to Receive Their Shares of the Estate
- What to Do With Bequests and Trust Distributions to Minors
- Post-Mortem Tax Planning Approaches: How Much Maneuver Room is Left?
- How to Calculate the Omitted Spouse Share or Omitted Child Share
- Guarding Disabled Adult Beneficiaries' Benefits Eligibility
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Handling Estate Closing, Final Accounting, and Tax Returns
- Tax Returns and Deadlines - Estate and Income, State and Federal, Decedent's and the Estate's
- Informal Closing by Statement of Personal Representative
- Compiling and Balancing the Final Account
- Final Distributions to Beneficiaries and Liability of Distributees
- Closing the Estate and Discharging the Fiduciary
-
Maintaining an Ethical Practice
- Whom do You Represent? Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Practicing Law in More Than One State
-
Resolving Disputes and Navigating Probate Litigation
- Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
- Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
- Probate Litigation Rules, Procedures, and Evidentiary Provisions
- Fiduciary Misconduct, Liability, Disputes with Beneficiaries
- Effective Approaches to Resolving Disputes Without Going to Court
Who Should Attend
This basic level online seminar is designed for:
- Attorneys
- Accountants
- Tax Professionals
- Trust Officers
- Executors and Other Fiduciaries
- Paralegals
Speakers
Speaker bio
Sarah L. McCurry
is a partner in the Midlothian law firm of Winslow McCurry & MacCormac, PLLC, focusing her practice on representing area small businesses and practicing trust and estates law. She earned her B.A. degree from Hendrix College and her J.D. degree from Stetson University College of Law in St. Petersburg, Florida. Ms. McCurry is admitted to practice law in Florida and in the Commonwealth of Virginia. Since early 2009, she has practiced in the Richmond area and currently leads her firm's estate practice. Additionally, Ms. McCurry regularly instructs other lawyers in estate and business related topics in Virginia and nationally. She is admitted to both state and federal courts in each principality, including all Virginia General District and Circuit courts, Virginia Court of Appeals, Virginia Supreme Court, U.S. Bankruptcy Court for the Eastern District of Virginia, and the U.S. District Court for the Eastern District of Virginia.
Speaker bio
Matthew Yanovitch
is a partner with the law firm of Spotts Fain, PC. His practice focuses on trust and estate disputes and litigation. Mr. Yanovitch's practice includes representation of executors, administrators, trustees, heirs, and creditors in disputes involving wills, trusts, and inherited property. He is experienced in probate matters, guardianship and conservatorship proceedings, elective share and augmented estate proceedings, constructive trust cases, petitions for aid and direction of the court, and matters involving powers of attorney. Mr. Yanovitch has testified as an expert witness on attorney fees in trust litigation. He also advises and guides fiduciaries through the estate and trust administration process. Mr. Yanovitch also practices in the areas of health care law and commercial litigation. He represents health care businesses in court and in administrative proceedings before government agencies. Mr. Yanovitch's commercial litigation practice consists of representing banks, mortgage companies, commercial real estate developers, and various other businesses in contractual disputes, including significant landlord-tenant experience. He earned his J.D. degree from Catholic University of America, Columbus School of Law and his B.S. degree in chemistry from the University of Virginia.
Speaker bio
Daniel T. Tillman
is an attorney with the law firm of Vaughan, Fincher & Sotelo, PC in Leesburg. He practices in the areas of estate planning, wills and trusts. Mr. Tillman earned his B.S. degree from the University of Florida and his J.D. degree from American University Washington College of Law. He is a member of the Virginia State Bar. Mr. Tillman is a member of the Wills, Trusts and Estates Section of the Fairfax County Bar Association, and the Hispanic National Bar Association.
Speaker bio
Peter D. Randolph
is a principal in Miller, Miller & Canby's business and tax practice group. His multijurisdictional practice is focused on taxation, business, and probate and trust administration. Mr. Randolph regularly advises executors, trustees and beneficiaries in the areas of probate and trust administration, including pre- and post-mortem planning, and estate, gift, and fiduciary income tax. He works with high net-worth individuals and families, producing comprehensive estate plans to maximize the client's family, business, and financial security. He is active in leadership roles with legal organizations, including serving as a fellow in the American College of Tax Counsel, vice chair of the ABA's Taxation Section's Closely Held Business Committee, and council member of the MSBA Tax Section. Mr. Randolph earned his B.A. degree from the University of California, Santa Barbara; his J.D. degree from American University Washington College of Law; and his LLM degree in taxation from New York University School of Law.
Speaker bio
J. Gregory Ashwell
is a founding attorney at the law firm of Ashwell & Ashwell, PLLC in Warrenton, Virginia. He practices in the areas of litigation consultation, federal litigation, mediation, estate planning and probate, business and commercial law, bankruptcy, wills and estates, municipal law, and personal injury. He earned his B.A. degree from Old Dominion University, his master's degree in education from the University of Virginia, and his J.D. degree from George Mason University School of Law. He served as a State prosecutor for 25 years and was elected by the General Assembly to three terms as a judge in the Courts of the Twentieth Judicial District of Virginia (2007-2020) before retiring from the bench in 2021. Mr. Ashwell is admitted to practice in Virginia, and before the U.S. District Court, Eastern District of Virginia; U.S. Court of Appeals, 4th Circuit; U.S. Bankruptcy Court, Eastern District of Virginia; and the Supreme Court of the United States of America.
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