Probate Litigation Attorney in Virginia

Representing Beneficiaries, Fiduciaries, & Families in Virginia Estate Disputes

Disputes over a loved one’s estate rarely arrive at a convenient time. At J. S. Burton, P.L.C., we represent individuals and families throughout Virginia in probate litigation matters, from contested wills and fiduciary misconduct claims to executor removal and guardianship disputes. Our firm has spent over 20 years practicing in estate planning, probate, and trust law, which means our probate litigation attorneys already understand the instruments and relationships at the center of your dispute.

Our offices in Virginia Beach, Williamsburg, and McLean serve clients throughout Virginia, including Hampton Roads and Northern Virginia, and in Washington, D.C.

If you’re facing a probate dispute in Virginia, don’t wait to get guidance. Contact J. S. Burton, P.L.C. at (888) 885-9001 for a free, confidential initial consultation with no obligation to proceed.

Probate Litigation vs. Trust Litigation in Virginia

Probate litigation involves disputes arising during or after the administration of a decedent’s estate through the court-supervised probate process. These claims typically center on will validity, executor conduct, and how estate assets are distributed. Trust litigation, by contrast, addresses disputes over the creation, terms, or administration of a trust, which generally operates outside the probate process.

Many estates involve both a will and one or more trusts. When a dispute touches the trust side of an estate plan, our Trust Litigation practice is the right starting point. When a dispute arises in connection with the probate estate itself, or spans both, we handle both tracks under one roof so nothing falls through the gap between them.

Types of Probate Litigation Claims We Handle

Probate disputes take several distinct forms in Virginia, and the right legal strategy depends on the nature of the claim, the parties involved, and the assets at stake. We handle the full range of probate litigation matters, including:

• Will contests: Challenges to a will’s validity on grounds such as lack of testamentary capacity (whether the testator understood what they were signing and its effect), undue influence, fraud, or improper execution under Virginia law.
• Breach of fiduciary duty: Claims against an executor or administrator who has mismanaged estate assets, engaged in self-dealing, or otherwise violated duties owed to beneficiaries.
• Undue influence: Assertions that a third party improperly pressured the testator into changing the terms of a will or estate plan for that party’s own benefit.
• Demands for accounting: Actions that compel a personal representative to produce a full and accurate accounting of estate assets, receipts, disbursements, and distributions.
• Executor or administrator removal: Petitions to replace a fiduciary who is acting contrary to beneficiaries’ interests or the terms of the will.
• Guardianship and conservatorship disputes: Disputes about the capacity or proper appointment of individuals managing assets for incapacitated persons, which can intersect directly with estate administration.

Because our attorneys work across estate planning, elder law, and business succession as well as litigation, we recognize when a probate dispute involves a closely held business interest, a special needs beneficiary, or a multigenerational asset that calls for more than a purely adversarial approach.

Who We Represent

We represent clients on both sides of probate disputes throughout Virginia. That includes named beneficiaries who believe an estate is being mishandled, heirs entitled to a share under intestate succession (the rules governing who inherits when there is no valid will), executors and personal representatives defending their conduct, and individuals contesting or defending a will’s validity. Standing to bring a will contest in Virginia is generally limited to interested parties: those who would benefit if the challenge succeeds or who have a legal right to part of the estate, such as a spouse or someone entitled to property under intestacy.

Our background in estate and probate administration means we can advise an executor on the scope of their fiduciary duties before a dispute escalates and step in on behalf of a beneficiary when those duties have already been breached.

The Virginia Probate Litigation Process

Probate litigation in Virginia is governed by Virginia Code Title 64.2 (Wills, Trusts, and Fiduciaries) and proceeds in Virginia circuit courts. The process typically begins with the qualification of a personal representative before the circuit court clerk, followed by inventory, creditor notification, accountings, and distribution. Disputes can arise at any stage. Some matters are resolved through the Commissioner of Accounts, the court-appointed official who supervises fiduciary accountings filed by executors and administrators. Contested cases may proceed to formal circuit court proceedings.

Our approach starts with a thorough case assessment and a candid conversation about whether negotiation, mediation, or litigation best serves your goals. Straightforward matters can sometimes resolve in a matter of months. Contested cases proceeding to trial may take a year or longer, depending on complexity. When financial documentation or expert evidence is needed, we coordinate with accountants, appraisers, and other professionals. Our attorneys draw on direct experience in circuit courts across Hampton Roads and Northern Virginia.

Start with a Free Consultation

Probate disputes are time-sensitive, and early guidance from a probate litigation attorney in Virginia can shape how a matter unfolds. J. S. Burton, P.L.C. offers a free initial consultation for probate litigation inquiries throughout Virginia and Washington, D.C. There’s no obligation, and information you share with us can be kept confidential to the extent permitted and required by law.

Call a probate litigation lawyer at J. S. Burton, P.L.C. at (888) 885-9001 or submit a contact form. We can listen to the details of your situation and give you a clear picture of your options.