Virginia Probate Inventory List

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Topic Author
dekecarver
Posts: 405
Joined: Mon Feb 22, 2010 10:24 am

Virginia Probate Inventory List

Post by dekecarver » Mon Dec 02, 2019 6:03 pm

This past year my father died in July and left my stepmother as the executor of the estate. Things have moved along to a degree but my sister and I have not received any formal update from our stepmom other than she has been real busy and working hard. My sister took the initiative to call the attorney's office who prepared our father's Will to inquire about probate and the inventory list that was due this month, she was informed that probate has now been moved to the Assistant Commissioner's officer due to conflict of interest as the attorney who drew up our father's Will as well as our stepmother's will, is also the Commissioner of Accounts.

When my sister asked our father's attorney about the inventory list she was informed by his office that the executor had to provide an inventory list to the beneficiaries if requested in writing; however when she then followed up with the attorney's office who is now handling the probate (Assistant Commissioner), the office told my sister that beneficiaries are not entitled to the inventory list even if requested in writing; this is confusing to both of us and before I make an inquiry to the attorney who is now handling the probate (for clarification of the legal obligation of the executor for providing an inventory list) I would appreciate any feedback from those of you who have experience with this type of situation. Thanks in advance.

HomeStretch
Posts: 2894
Joined: Thu Dec 27, 2018 3:06 pm

Re: Virginia Probate Inventory List

Post by HomeStretch » Mon Dec 02, 2019 6:41 pm

I am sorry for your loss. If you don’t get a state specific answer here, perhaps you and your sister should set up a consultation with an independent estate attorney to get answers to this and any other questions.

Regardless of what you are legally entitled to, have you directly asked step mother for a copy of the inventory list? Or if she needs any help settling estate?
Last edited by HomeStretch on Mon Dec 02, 2019 10:07 pm, edited 1 time in total.

senex
Posts: 301
Joined: Wed Dec 13, 2017 4:38 pm

Re: Virginia Probate Inventory List

Post by senex » Mon Dec 02, 2019 10:04 pm

HomeStretch wrote:
Mon Dec 02, 2019 6:41 pm
perhaps you and your sister should set up a consultation with an independent estate attorney to get answers to this and any other questions.
+1

If you suspect anything irregular, it is invaluable to get advice from an attorney who represents you and you alone (i.e. has never represented or been paid by any other family member). It may cost you more money.

andypanda
Posts: 378
Joined: Sun Nov 12, 2017 9:11 pm
Location: Richmond, Virginia

Re: Virginia Probate Inventory List

Post by andypanda » Mon Dec 02, 2019 10:41 pm

Unless they've changed it in the past few years...

www.courts.state.va.us/forms/circuit/cc1670inst.pdf

INSTRUCTIONS FOR INVENTORY – DECEDENT’S ESTATE

"COPIES OF THE INVENTORY – Every administrator or executor filing an inventory with the
Commissioner of Accounts, or any document making changes to an inventory, is required by
law to send a copy of it by first class mail to every entitled person from whom a written request
has been received. The entitled persons whose request must be honored are the same
persons to whom the administrator or executor was required to send Notice of Probate with
two exceptions: (1) persons who would take only as heirs at law in a case where all of the
decedent’s probate estate is disposed of by will, and (2) beneficiaries whose gifts have been
satisfied in full prior to such filing. An entitled person may make a written request to an
administrator or executor at any time, it may relate to one specific filing or to all filings to be
made, but it is not effective for filings made prior to receipt of the written request. The
Commissioner of Accounts is prohibited by law from approving an inventory unless it contains
a statement that any copies requested pursuant to Virginia Code Section 64.2-1303 have been
mailed, and shows the names and addresses of the persons to whom they were mailed, and
the date of such mailings. Check-boxes are provided on Page 3 of the Inventory Form for use
in certifying to the Commissioner that copies were sent, or that no copies were requested. If
copies were sent, the persons to whom they were sent, their addresses, and the dates of
mailing, must be shown on Page 4. "

Topic Author
dekecarver
Posts: 405
Joined: Mon Feb 22, 2010 10:24 am

Re: Virginia Probate Inventory List

Post by dekecarver » Tue Dec 03, 2019 5:41 am

Hi, thank you for the replies.

Yes I agree potentially contacting an independent attorney may be the route taken; just getting our thoughts together in terms of what to ask and then the follow up with our step mother. One objective is to maintain the family relationship with her.

Thanks again.

Mr. Rumples
Posts: 314
Joined: Sun Aug 25, 2019 7:16 am

Re: Virginia Probate Inventory List

Post by Mr. Rumples » Tue Dec 03, 2019 6:33 am

Do you have a copy of the will? In Va. it is public information once it is filed with the Court. Did your father waive the probate/surety bond? Its hard to imagine she would want to keep having to pay for that for just "being busy."

When you say probate has been moved, are you saying that they are telling you its not being handled through the Commissioner of Accounts Office and by that Circuit Court? I assume by Asst. Commissioner you mean the Asst. Commissioner of Accounts and that they are not telling you its been moved to the Commissioner of Revenue (if your jurisdiction has one) which they can't do.

Also, the inventory is due within four months of qualifying as executor:
http://www.courts.state.va.us/forms/cir ... 70inst.pdf

https://www.vsb.org/site/sections/trust ... inter2008a

If its been over four months and there is no inventory, its odd that the Court is not pressing this matter. Our Commissioner of Accounts is bent on collecting the fees owed and those are in part based on the inventory. You might also talk to the Clerk of the Circuit Court who approves the executor. These are usually no nonsense individuals who want things done by the book.

Fee schedule:

http://www.courts.state.va.us/courts/ci ... hedule.pdf

While Va. doesn't have a requirement that attorneys do pro bono work, the Va. State Bar does connect individuals with attorneys which charge $35 who will answer some basic questions, but won't give advice. It might help clarify what to do if this drags on.

https://www.vsb.org/vlrs/

Topic Author
dekecarver
Posts: 405
Joined: Mon Feb 22, 2010 10:24 am

Re: Virginia Probate Inventory List

Post by dekecarver » Tue Dec 03, 2019 8:10 pm

Thank you Mr. Rumples for the links provided, I will read up and plan on making a call. I do have a copy of the will. At first my stepmother was using the attorney who prepared my dad's Will and also happens to be the Commissioner of Accounts for the county. From my understanding that attorney then stopped assisting my stepmother due to a conflict of interest and she is now using the Assistant Commissioner for advise. In regards to the inventory list she was hell bent on getting that together initially but eased up several months later and said the attorney told her not to stress over this b/c she could give and initial list within 4 months and then update it as she went. I have offered to help with the inventory list and she has declined any assistance from me. My sister nor I have requested anything (inventory list or accounting of expenses associated with the process but as time has passed we have not received any update as such and are starting to wonder. I want to make inquiry but want firm footing and also to maintain the family relationship with my stepmother.

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