PRACTICE AREAS
Estate Administration in Northern Virginia
When a loved one passes, you shouldn’t have to navigate what comes next alone.
The period after losing a loved one is hard enough. The legal process of settling their estate doesn’t have to make it harder.
Our estate administration team helps personal representatives across Loudoun, Fairfax, Prince William, Frederick, and the Shenandoah Valley navigate the Virginia probate process — with patience, clarity, and genuine care — every step of the way.
OUR APPROACH
You don’t have to figure this out alone.
The death of a loved one is one of the most difficult experiences a family can go through. In the middle of grief, being asked to navigate legal processes, file documents, and manage assets can feel overwhelming — even impossible.
At Relational Estate & Elder Law, we take the time to understand what your family has experienced. Then we guide you — step by step — through the estate administration process with patience, clarity, and genuine compassion.
Our role is to help the personal representative carry out the wishes of the person who has passed, in accordance with their estate plan and Virginia law — while protecting family relationships and minimizing conflict along the way.
HOW WE HELP
The legal work, carried for you.
Every family is different. Every estate is different. We take the time to understand yours before recommending anything — then we handle the legal work so your family doesn’t have to.
Probating Wills
Guiding personal representatives through the Virginia probate process under Va. Code Title 64.2 — from qualification at the Circuit Court Clerk through final distribution. Includes the four-month inventory deadline (Va. Code § 64.2-1300) and Commissioner of Accounts filings.
Trust Administration
Helping trustees fulfill their responsibilities under Virginia law: managing assets, keeping accurate records, communicating with beneficiaries, and avoiding mistakes that can create legal exposure or family conflict. Many estates involve both a probated will and a trust — we handle both in parallel.
Advising Personal Representatives
Practical, plain-language guidance for executors and administrators at every stage: opening the estate, notifying creditors, filing required tax returns, and distributing assets. You don't need to know the rules going in.
THE PROCESS
What does estate administration actually involve?
Every estate is different, but most follow a similar path. Here’s what to expect when working with our team — what we call our Relational Probate Process.
We Listen First
Before we talk process, we take time to understand your situation — who has passed, what they left behind, and what your family is navigating. This isn't just a legal intake; it's a human conversation.
We Assess the Estate
We review the deceased's estate planning documents, identify assets and debts, and determine the appropriate path forward — whether that's formal probate, simplified administration under Virginia's Small Estate Affidavit procedure (Va. Code § 64.2-601), or trust settlement.
We Open the Estate
Where probate is required, we prepare you for and walk you through qualification at the appropriate Circuit Court Clerk (usually the county or city where the decedent last resided), handle the surety bond decision, file the court documents, and arrange creditor and beneficiary notifications.
We Manage the Process
We guide the personal representative through each legal requirement: preparing the formal inventory required by the Commissioner of Accounts within four months of qualification (Va. Code § 64.2-1300), evaluating and paying valid debts, filing the required tax returns, and maintaining accurate records throughout.
We Help Distribute and Close
Once debts and taxes are settled, we coordinate distribution of remaining assets — including real estate transfers, retirement account rollovers, and resolution of jointly-titled or beneficiary-designated assets. We prepare the final accounting required by the Commissioner of Accounts, and formally close the estate.
Estate administration in Virginia typically takes 18 to 24 months, depending on complexity. The Commissioner of Accounts requires the inventory within four months of qualification and the first accounting within sixteen months. We keep families informed at each stage — there are no surprises.
WHEN YOU NEED THIS
When probate is — and isn’t — required in Virginia.
Not every estate needs to go through full probate. Probate is generally required for any asset held in the decedent’s sole name without a valid beneficiary designation.
REQUIRES PROBATE
Assets that go through probate
Real estate
Titled solely in the decedent's name.
Bank or investment accounts
In the decedent's sole name with no Payable-on-Death or Transfer-on-Death designation.
Vehicles, business interests, or personal property
Titled solely to the decedent.
Any asset
Where a financial institution requires Letters Testamentary or Letters of Administration to release funds.
DOES NOT REQUIRE PROBATE
Assets that pass outside probate
Joint tenancy with right of survivorship
Assets pass automatically to the surviving owner.
Beneficiary-designated accounts
Retirement accounts, life insurance, and bank accounts with valid beneficiary designations.
Revocable living trust assets
One of the main reasons many people set one up.
Small estates
Under $75,000 in personal property and no real estate, transferable via Small Estate Affidavit under Va. Code § 64.2-601.
2025 THRESHOLD UPDATE — The Virginia Small Estate Affidavit threshold was raised from $50,000 to $75,000, effective July 1, 2025 (Va. Code § 64.2-601, as amended by 2025 Acts of Assembly, c. 148). Older online resources may still cite the lower figure.
If you’re not sure whether your loved one’s estate needs full probate, we can walk through the assets with you — and tell you honestly, even if it means you don’t need to hire us.
MEET YOUR ESTATE ADMINISTRATION TEAM
The team that will walk alongside you.
Three team members, one focus: carrying the legal weight so your family doesn’t have to.
Joshua E. Hummer, Esq.
ESTATE ADMINISTRATION ATTORNEY · LICENSED IN VA & WV
Josh founded Relational Estate & Elder Law and is licensed in Virginia and West Virginia. He leads our team with a vision: to go beyond legal documents and give clients real peace of mind.
Paula Tennant, CPA
ESTATE ADMINISTRATION TEAM LEAD
Paula guides executors through the probate process and trustees through trust administration with a rare combination of technical expertise and genuine compassion. Brilliant and approachable, direct and deeply caring — Paula has a gift for making complex processes feel manageable. Her background as a CPA also makes her an invaluable resource when estates involve tax considerations or formal accountings.
Lindsey Justice
ESTATE ADMINISTRATION SPECIALIST
Lindsey works alongside Paula to manage the many details, filings, and communications that come with estate administration. Together, they help grieving families navigate steps that would feel overwhelming to face alone — with patience, warmth, and care.
Have questions? We’d love to help you find clarity.
DON’T JUST TAKE OUR WORD FOR IT
Why clients choose the relational approach
Families across Northern Virginia and the Shenandoah Valley trust us with what matters most because we combine legal expertise with genuine care and long-term support.
Rated 5.0 from 381+ Google Reviews
WHEN SOMEONE YOU LOVE DIES
Not sure where to start? We’ve created a gentle checklist for the first days and weeks.
Serving as a personal representative can feel overwhelming — especially when you’re grieving. Our free Checklist gives you the key things to think about during the first few weeks and months as you walk through the key steps of estate administration, so you know what to expect and what questions to ask.
Inside, you’ll find:
Where to start — and what can safely wait in the first days
Practical first steps for protecting yourself, your family, and the estate
Common "please don't" mistakes to avoid before probate is opened
How to think about your role as executor or administrator — without pressure to act
Share your name and email below to receive your free copy.
We’ll send the checklist straight to your inbox. When you are ready, we are here to walk alongside you.
FREQUENTLY ASKED QUESTIONS
Common questions about estate administration.
What is probate?
Probate is the Virginia court-supervised legal process for settling a deceased person’s estate — validating the will, identifying and valuing assets, paying creditors and taxes, and distributing what remains to beneficiaries. In Virginia, probate is governed by Title 64.2 of the Virginia Code and overseen at the county or city Circuit Court Clerk’s office.
Not all assets go through probate — assets held in a trust, jointly owned property, and accounts with named beneficiaries typically pass outside of probate.
How long does probate take in Virginia?
Most Northern Virginia and Shenandoah Valley estates take 18 to 24 months to fully administer, depending on the size and complexity of the estate, the number of creditors, and whether any disputes arise. The Commissioner of Accounts requires the inventory within four months of qualification and the first accounting within sixteen months. We keep clients informed throughout.
How much does probate cost in Virginia?
Probate costs in Virginia include three components: (1) court filing and qualification fees (typically a few hundred dollars), (2) the Virginia probate tax (10 cents per $100 of probate estate value, plus an additional 3.33 cents per $100 in some localities), and (3) attorney’s fees, which vary by complexity. We discuss our fees during the initial conversation — most estates can be quoted as a flat fee once we understand the scope.
Do I need an attorney for estate administration in Virginia?
Virginia law does not require an attorney for estate administration matters. If the estate is small, uncomplicated, and uncontested, many people manage it themselves with help from the Circuit Court Clerk and the Commissioner of Accounts.
But the process involves significant legal responsibilities, statutory deadlines, and the possibility of personal liability for the personal representative if something goes wrong. For estates with real property, business interests, tax filings, contested claims, or beneficiaries living out of state, having an experienced attorney protects you and your family.
What is a personal representative?
“Personal representative” is the Virginia legal term for the person responsible for administering a decedent’s estate — what most people call the executor (if named in a will) or administrator (if no will exists). The personal representative qualifies at the Circuit Court Clerk, receives the Certificate of Qualification, and has both the legal authority and the legal duty to manage the estate through to closing.
What if there is no will?
When someone passes without a will, their estate is distributed according to Virginia’s intestate succession statutes (Va. Code §§ 64.2-200 to 64.2-206). The Circuit Court appoints an administrator (rather than the executor a will would have named), and the estate is distributed according to a fixed statutory order — typically spouse and children first, then parents, then siblings.
The process is procedurally similar to probate with a will but tends to take longer and is more prone to family disagreement.
Do I need probate if my loved one had a trust?
Often, no — assets properly titled in a revocable living trust pass to beneficiaries without going through probate, which is one of the main reasons people create them.
But many estates that include a trust also include some assets that were never funded into the trust, and those assets typically still require probate. We can review the trust and asset titles in an initial conversation and tell you exactly what’s required.
FROM OUR BLOG
Guidance for families navigating estate administration.
A few resources that families often find helpful as they navigate the estate administration process.
Have questions about what you’ve read? We’re here to help.
WHEN YOU’RE READY
When you’re ready, we’re here.
There’s no urgency on our end. Take whatever time you need. When you’re ready to talk about what your loved one’s estate involves and what your next steps look like, we’ll be glad to help you understand what’s ahead — at your own pace.
Start a Conversation
Estate Administration
- Probating Wills
- Trust Administration
- Advising Personal Representatives