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My Loved One Passed Away And I Have Their Will; What Should I Do Now?

Posted by Karen Robins Carnegie | Sep 20, 2021

            If you have lost a loved one and are in possession of that person's original will, there are multiple options for how to proceed. There is not a one-size-fits-all answer. In this blog post, we will examine some broad and generalized scenarios for taking the next step.

            One option is to file the will with the probate division of the appropriate court. Each court has its own procedure and charges different fees. This scenario is often recommended for estates with a smaller value.

            If you were named Executor or Executrix, another option is to schedule a qualification appointment with the probate division of the appropriate court and qualify on the estate. This requires the payment of certain fees and may require a secured bond, depending on the language in the will. It also has reporting requirements to a Commissioner of Accounts, each of whom have their own filing fees.

            Do you only have a copy of the will? Not to worry. There are procedures to establish a copy of a will if the original cannot be found and it is not presumed to have been revoked, though the cost for doing so can be high.

            If you have lost a loved one and have that person's will and would like guidance on how best to proceed, please reach out to schedule a consultation. This firm regularly assists clients with matters regarding wills, copies of wills, holographic wills, improperly executed wills, and wills without a self-proving affidavit.

These potential avenues of action are only examples. Every case has its own unique facts and there are no guaranteed outcomes. If you or someone you know has questions about handling a loved one's estate, call our office at 757-967-8782 to schedule a consultation.

Photo by cottonbro from Pexels

About the Author

Karen Robins Carnegie

Managing Member and Lead Attorney

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Karen Robins Carnegie, PLC is committed to answering your questions about a variety of civil matters throughout Virginia and North Carolina.

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