Sean Schroeder, CSP & CPRES
Probate & Seniors Real Estate 

Navigating the Probate Process in Virginia Beach

Probate is the legal process of settling a person’s estate after they pass away, ensuring that their assets are distributed and any outstanding debts are paid. The length of probate can vary based on several factors, including the complexity of the estate, the time required to locate and value assets, and whether any disputes arise.

While probate is often necessary, not all assets have to go through the process. Understanding what is subject to probate and what can bypass it can help families navigate this challenging time more smoothly.

Which Assets Avoid Probate?

Not every asset is required to go through probate in Virginia Beach. Some estate plans are structured to minimize probate involvement, helping heirs receive assets more efficiently.

• Living Trusts – If the decedent placed assets into a revocable living trust, those assets transfer directly to the named beneficiaries without going through probate.
• Joint Ownership – Properties or accounts held in joint tenancy or tenancy by the entirety automatically pass to the surviving owner. This commonly applies to real estate, bank accounts, and vehicles.
• Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts – Many financial accounts allow an owner to designate a beneficiary, ensuring the funds transfer immediately upon death.
• Small Estates – If an estate is valued at $50,000 or less, heirs may be able to use a small estate affidavit to avoid full probate proceedings.

Key Steps in the Virginia Beach Probate Process

For estates that do go through probate, the process typically follows these steps:

1. Filing the Will and Opening Probate – If there is a will, the named executor must submit it to the court along with details about heirs, assets, and the death certificate. If there is no will, the court will appoint an administrator to handle the estate.
2. Inventorying and Valuing Assets – The executor or administrator must identify and assess all estate assets, from real estate to financial holdings.
3. Settling Debts and Expenses – Before assets can be distributed, the estate must pay off any outstanding debts, taxes, and probate-related expenses.
4. Distributing the Estate – Once debts are cleared, the remaining assets are distributed to heirs as outlined in the will. If there is no will, assets are distributed according to Virginia’s intestate succession laws.

How a Certified Probate Real Estate Specialist Can Help

For many families, one of the most significant probate challenges is handling real estate. Whether the property needs to be sold to settle debts, divided among heirs, or simply managed through the probate process, working with a real estate professional who specializes in probate can be invaluable.

As a Certified Probate Real Estate Specialist, I help executors and heirs:

• Determine the best strategy for handling inherited property
• Connect with local probate attorneys and estate professionals
• Facilitate the sale of real estate to maximize value for beneficiaries
• Navigate court requirements and timelines for selling probate property

If you’re managing a probate estate in Virginia Beach and need guidance on handling real estate, I’m here to help. Contact me today to discuss your situation and explore the best options for your property.