 "Review with counsel the steps in probate, time-frames and fiduciary responsibility of personal representative, then go to work, and avoid making a mistake. We can meet periodically to keep everything on time."
"The personal representative fiduciary duty requires action in a manner consistent with the directions of the will and not in conflict with the terms of the will or with the interests of the beneficiaries..."
2012 Dated Material Alert: Virginia renumbered its its Probate and Estate Administration sections in its law.
| Probate Check List
Provide for estate liquidity to pay burial and payment reasonable funeral expenses - Personal representative coordinate and pay funeral and memorial
- Is there a need for an autopsy? See Va. Code § 32.1-285
- Close family member advances funds and be reimbursed Obtain 15+ death certificates.
- Honor organ donation instructions see Va. Code § 32.1-290.
- Place obituary in newspaper Call and notify family members
- Search safe deposit box for will. Surviving joint tenant may access box.
- Locate the will or trust.
- Responsible family member may access the box after death for the purpose of locating the will for delivery to the Clerk. Va Code § 6.1-332.1
- After qualification, personal representative has authority and duty to inventory, remove, and secure assets in box
- No safe deposit box? Check Clerk’s office, Va Code as some file wills for protection under § 64.1-56 [usually bad idea], or drafting attorney or named corporate fiduciary
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