Frequently Asked Questions
Here are the most common questions about Probatem
and probate services.
Introduction to Probatem
We are a probate company specializing in estate settlement across all of Virginia. We assist with everything from small estates to formal probate, offering compassionate guidance and expert support every step of the way. Our mission is to simplify the process of managing a loved one’s financial affairs after their passing.
We offer free consultations to help you navigate the complexities of estate settlement. During this session, we’ll gather key information about the estate, provide tailored guidance, and explain how we can assist—or connect you with the right resources. We assess the unique circumstances of your estate, reviewing the Will’s terms, or intestacy rules if no Will exists, alongside the estate’s assets and family dynamics. In some cases, probate might not even be necessary.
If small estate procedures are applicable, we provide all the necessary forms, pre-filled for your convenience, along with easy-to-follow, step-by-step instructions. We can also assist with Will recording if needed.
If probate is required, we guide you through the court qualification process to appoint an executor (if a Will exists) or administrator (if there is no will) for the estate. Our services include gathering essential information, arranging bond when needed, scheduling the qualification meeting, coordinating with the court, and preparing all necessary Court documentation. We also provide a comprehensive checklist for you to utilize.
Our team provides comprehensive, ongoing support and expert management throughout the estate administration process from start to finish. This includes transferring and managing assets, settling debts and taxes, preparing essential court documents, and distributing inheritances to beneficiaries. With a focus on accuracy and compliance, we ensure the entire process is seamless and stress-free.
We handle all necessary court filings for probate, including notices, affidavits of notice, inventories, and accountings. Whether you're beginning the process, need help finalizing reports, or require assistance correcting existing filings, our team is here to provide expert support every step of the way.
Prefer a DIY approach? Our proprietary software is the ideal solution for you.
We collect essential details about the estate through our tailored online platform. The questionnaire is carefully designed to ask only relevant questions. Once the information is submitted, and if we can assist, you’ll receive a comprehensive agenda, a detailed checklist, and all necessary forms—pre-filled and ready to help you efficiently settle the estate.
Yes, we offer complimentary consultations to help you assess your estate needs and identify the support you require. Our website features a variety of helpful resources, including checklists, court forms, fee schedules, and asset valuation tools, all designed to simplify the process for you. Additionally, our blog provides a wealth of insightful information to further guide you on your probate journey.
No, Probatem is not a law firm, and we are not attorneys. We do not offer legal advice or engage in the practice of law. However, if your estate requires legal counsel, we collaborate with trusted attorneys to ensure you receive thorough and reliable help. We are, however, a team of highly skilled probate professionals with extensive experience in roles such as paralegal, court probate auditor, and educator.
If legal assistance is needed, we can work alongside an attorney as part of your team or connect you with a trusted legal professional. Our priority is to ensure you receive the appropriate level of support and guidance. While involving an attorney isn’t always necessary, our expertise allows us to identify when their involvement is crucial.
What's the cost?
We recognize that every estate is different, and so are the needs of those managing it. That’s why we offer three tailored plans with different levels of support and affordable pricing.
The DIY Plan leverages our proprietary probate software to provide a straightforward, effective solution for estate management. With this plan, you’ll complete our custom-built questionnaire, much like TurboTax, and receive a personalized agenda along with all the necessary pre-filled forms tailored to your unique circumstances. You will be provided with clear instructions, a tailored checklist, and ready-to-use, pre-filled forms to ensure you have everything you need to navigate the probate process independently and with confidence. This plan is perfect for those who are comfortable handling the legal and administrative aspects of estate settlement on their own. For your convenience, we offer a 30-minute consultation following the completion of the questionnaire to ensure you understand the instructions and forms provided.
The Support Plan includes all the features of our DIY Plan, with the added benefit of up to 2.5 hours of personalized guidance from a probate expert. This service covers answering any questions and reviewing probate reports to ensure they are accurate and compliant. Alternatively, you can forgo the software and receive up to 3 hours of expert support instead.
Pricing for our Full-Service Plan is based on the complexity and scope of work involved, typically ranging from $750 to $6,000. After an initial consultation with one of our probate experts, we will provide a customized quote tailored to your specific needs. This comprehensive plan offers expert guidance and support throughout the entire probate process. Our services include preparing probate reports (such as notices, affidavits of notice, inventory, and accounting), assisting with asset transfers and debt settlement, calculating beneficiary distributions, and handling related tasks with care and precision.
Yes, Probatem offers cost-effective flat fee plans to accommodate the level of service you choose. There are no hidden fees or unpredictable monthly bills. Our tailored plans and services are designed to meet your unique needs while ensuring affordability, transparency, and predictability. This approach simplifies cost management, giving you peace of mind and control over your expenses.
Payments to Probatem can be made using assets from the Estate and do not need to be paid from your personal funds.
We offer flexible payment options and accept a variety of payment methods, including credit cards, checks, and electronic bank transfers. For your convenience, payments can be made securely online, over the phone, or by mail. Our goal is to ensure our services are both accessible and easy to use for every client.
Choosing Probatem for estate administration means receiving comprehensive, efficient, and affordable support. With our expert team of probate professionals, proprietary software, and tailored plans, we provide a streamlined solution that simplifies the process and reduces stress.
Currently, Probatem only serves Virginia estates. However, we are actively working to expand our services and plan to support additional states in the future. If you need assistance with probate in another state, feel free to reach out—we’ll gladly help connect you with the right resources.
Probatem is a trusted name in probate and estate administration and has earned the respect of Virginia Court Clerks, Commissioners of Accounts, attorneys, funeral homes, and countless satisfied clients. With over 20 years of experience, we’ve maintained a flawless 100% approval rate for every estate we’ve managed. Our dedication to excellence is reflected in our glowing 5-star Google Reviews. Visit our Trusted Partners Page and browse our Google Reviews to discover why Probatem is a name you can rely on with confidence.
Our headquarters are in Norfolk, Virginia, but we operate as a remote-first company. This approach allows us to recruit top talent and provide exceptional service to clients, no matter their location. We are able to complete all work and stay seamlessly connected through phone, email, mail, and video conferencing, ensuring convenience, accessibility, and a smooth client experience.
Probate basics
Probate is the legal process that takes place after someone dies. It includes validating the ill (if there is a will), appointing an executor/administrator, identifying and inventorying assets, paying debts and taxes, and distributing the remaining property according to the terms of the will or intestate laws if there is no will. Probate is initiated in the state and city/county in which the deceased person resided when they died.
Probate is the legal process that takes place after someone dies. It includes validating the ill (if there is a will), appointing an executor/administrator, identifying and inventorying assets, paying debts and taxes, and distributing the remaining property according to the terms of the will or intestate laws if there is no will. Probate is initiated in the state and city/county in which the deceased person resided when they died.
No, not all estates require probate. In cases where the estate is valued at less than $50,000, probate may be entirely avoided if there is no need to appoint an executor or administrator. For estates worth less than $25,000 that require an executor or administrator, a simplified probate process may be available. Additionally, certain assets—such as those with designated beneficiaries or held in joint accounts—can often bypass probate altogether.
The process involves filing the will (if applicable), appointing an executor, providing notice to heirs and beneficiaries, submitting an inventory and accounting report(s), settling debts and taxes, and distributing the remaining estate to beneficiaries as per the will or intestacy laws.
The duration of the probate process can vary widely, depending on the complexity of the estate. It can take anywhere from 6 months to over a year.
Yes, probate can be avoided through various estate planning tools such as joint ownership, living trusts, payable-on-death accounts, and beneficiary designatio
Letters testamentary, often referred to as letters of qualification in Virginia, are legal documents issued by the court that authorize the executor/administrator to act on behalf of the estate. They are necessary to access and manage the deceased person’s assets.
An executor is a person or entity (e.g., a bank) named in a will to carry out the instructions and requests of the deceased person. They are responsible for administering and settling the estate according to the deceased person's wishes and state laws, this includes managing the estate’s assets, paying debts and taxes, and transferring estate assets to their new owners.
An administrator is a person appointed by the court to handle an estate when there is no will or named executor. They have practically identical responsibilities as an executor, but must follow state intestate laws to distribute assets in the absence of a will.
Assets owned solely by the deceased—such as bank accounts, stock, bonds, investment accounts, vehicles, and other personal property— are generally subject to probate. In Virginia, real estate is treated as a unique category with specific rules determining whether it qualifies as a probate asset. On the other hand, assets held in joint accounts, assigned to designated beneficiaries, or placed in trusts typically avoid the probate process.
Generally, beneficiaries do not pay tax on inherited property, but there may be estate or inheritance taxes depending on the value of the estate, the state laws, and income to the estate.
An insolvent estate occurs when the debts and liabilities exceed the value of the assets of the estate. In such situations, it is essential for executors to adhere to the established priority of payment procedures to prevent personal liability.
Executor's & Administrator's duties & information
The executor is tasked with ensuring the proper management of the estate's administration. Responsibilities include:
- Providing notice to beneficiaries and heirs of the estate.
- Safe-guarding and gathering assets.
- Paying off debts and settling taxes.
- Distributing remaining assets to beneficiaries as directed by the will or statute.
- Filing necessary reports, particularly the inventory and accounting to the commissioner of accounts.
- Keeping detailed records of all financial transactions.
- Acting in the best interest of the estate and beneficiaries, while adhering to state laws and regulations.
Yes, an executor can be held personally liable for any errors or misconduct in the management of the estate.
Yes, an executor is entitled to reasonable compensation for their services, subject to approval from the commissioner of accounts. Compensation can also be waived by the executor if they choose. The fee schedule for compensation is found here. Keep in mind that this fee is generally taxable as income to the executor.
Some common mistakes include:
- Rushing into probate without exploring alternative options or determining if probate is truly necessary.
- Mismanaging estate funds or assets.
- Failing to settle debts and taxes.
- Not keeping accurate records.
- Disregarding the terms of the Will or failing to follow intestacy succession when there is no Will.
- Not seeking professional assistance when needed.
No, being named as Executor in a Will does not mean you are obligated to take on the role. You have the right to decline. However, once formally appointed by the Court, you are legally required to carry out your duties unless you petition the Court to step down from the position.
Reasons for Probate
The necessity of probate depends on the type, ownership, and value of the deceased's assets. Probate may be required when:
- The deceased held assets solely in their name.
- Certain accounts or properties lack a designated beneficiary or joint owner.
- An asset or payment is due to the deceased.
- Assets solely owned by, or owed to, the deceased are valued at $50,000 or more.
- Authority is required to manage or distribute the estate.
- To legally transfer ownership of assets titled solely in the deceased person's name.
- To settle debts and taxes owed by the deceased from their individual assets.
- To ensure proper distribution of assets according to the will or intestacy laws.
- To provide legal authority for an executor or administrator to manage the estate.
Legal terms simplified
The legal process of managing a deceased person’s estate.
The individual appointed in the will to manage and settle the estate.
A person appointed by the court to handle the estate if no will exists.
Everything a person owns at the time of their death.
The person who has passed away.
Property, money, or items of value owned by the deceased.
Money owed by the deceased at the time of death.
A detailed list of the estate’s assets.
A report detailing the estate’s expenses, income, and distributions.
The process where the executor or administrator is formally appointed by the court.
If you need guidance after the loss of a loved one, contact us.
Reach out to us today.
The probate process doesn’t have to feel overwhelming. At Probatem, our experts have been providing guidance and handling estates throughout Virginia for 20 years and have handled thousands of estates successfully. Our experienced team is here to help get through the process with peace of mind.
Have more questions or need personalized assistance?
Contact us