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Estate Litigation

Virginia Estate Law - Estate Litigation

Contesting A Will
Aid & Direction of The Court
Against Fiduciaries

The Circuit Courts play a vital role in the administration of decedents' estates in Virginia. Probate and qualification are normally handled by the clerks of the court. Inventories, accountings, certain hearings and accounting enforcement proceedings are handled by Commissioners appointed and supervised by the judges of the court. And, distribution orders may be obtained through the court.

There may also be instances where interested parties must resort to litigation to resolve issues involved in the administration of an estate. In some instances litigation will be for the sole purpose of obtaining the aid and direction of the court on certain issues. In other cases, litigation may involve disputes between parties in interest.

This chapter describes the most common forms of estate administration litigation. There has been some discussion in other Chapters of this website of court proceedings to obtain a distribution order and regarding the determination of an augmented estate that will not be discussed here again.

Advice of experienced legal counsel should be obtain regarding court proceedings or litigation related to estate administration. Such matters must be reviewed on a case by case basis regarding viability, in terms of the legal merits of the case and economic considerations. Alternatives for possible settlement of disputed issues should also be explored.

Contesting A Will >>>

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