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Probate & Estate Administration

Probate & Estate Administration Lawyer in Tysons Corner

Guiding Your Family Through a Difficult Transition

When a loved one dies, you may suddenly find yourself responsible for legal and financial tasks you never expected. You want to honor their wishes and protect your family, yet the Virginia probate process can feel confusing and intimidating. You do not have to sort this out on your own. Our probate attorney works with families in and around Tysons Corner to bring order and clarity to a difficult time.

J. S. Burton, P.L.C. is a boutique Virginia law firm with more than 20 years of experience in estate planning, probate, trust administration, and related areas. From our McLean office, we help local families understand their options, address court requirements, and move the estate forward at a manageable pace. Our goal is to give you a clear path, steady guidance, and space to focus on your family.

Seek experienced assistance from a qualified probate attorney. Call (888) 885-9001 or contact us right away to secure your consultation.

Why Families Choose Our Firm

When you are grieving and juggling work, family, and paperwork, you need more than forms and checklists. You need a legal team that listens carefully, explains your choices, and helps you make decisions that fit your family. At J. S. Burton, P.L.C., we take a personalized, client-first approach to every probate and estate administration matter.

From the beginning, we take time to understand your loved one’s wishes, the assets involved, and your family dynamics. We then tailor our guidance so you are not pushed into a one-size-fits-all process. Our attorneys stay accessible and responsive, and we work to explain each step in plain language so you always know what is happening and why.

We also look beyond the immediate court filings. Our firm uses a holistic, multigenerational approach, which means we consider how today’s probate decisions may affect your long-term goals. If the estate involves a family business, rental properties, existing trusts, or charitable gifts, we draw on our experience in business law, trust administration, elder law, and asset protection to help you manage these pieces in a coordinated way. This approach can lead to smoother administration now and a stronger foundation for the next generation.

Because we focus on building lasting relationships with families throughout Virginia and Washington, D.C., many clients continue working with us after probate. They often ask us to update their own estate plans or plan for future asset transfers. Knowing that we will be here for your family in the years ahead can provide reassurance at a time when so much else feels uncertain.

Understanding Probate & Estate Administration

Before you can decide what to do next, it helps to understand what probate and estate administration mean. In Virginia, probate is the court process that recognizes a will as valid and authorizes someone to act for the estate. Estate administration is the broader set of tasks that follow, such as gathering assets, paying debts and taxes, and making distributions to beneficiaries.

For residents of the Tysons area, many probate matters are handled through the Fairfax County Circuit Court, with financial reporting overseen by the Commissioner of Accounts. The court typically appoints an executor named in the will, or an administrator if there is no will. That personal representative must follow Virginia rules and local procedures when managing the estate.

Not every asset has to pass through probate. Accounts with named beneficiaries, life insurance, and some jointly owned property may pass directly to the next owner. However, families often still need help coordinating these transfers with the rest of the estate. A probate lawyer can help you understand which assets require court involvement, which do not, and how everything fits together so nothing important is overlooked.

Many people also worry that probate automatically means years of delay or public courtroom battles. In practice, many Virginia estates proceed in an orderly way when required inventories, accountings, and notices are handled properly. Our role is to help you follow the rules, reduce avoidable delays, and address potential conflicts before they escalate.

First Steps After a Loved One Dies

The first weeks after a death can feel like a blur. You may be arranging services, supporting family members, and handling urgent bills, all while trying to understand what the law requires. Taking a few careful steps early can protect the estate and make the later probate process smoother.

Typically, estates for residents of Tysons Corner are opened in Fairfax County. The timing often depends on finding the original will and identifying who is willing and able to serve as executor or administrator. Speaking with an attorney before you file can help you choose the right path and avoid missteps, such as distributing assets too early or paying certain debts in the wrong order.

In the first weeks, it is often helpful to:

  • Locate the original will, trust documents, and any letters of instruction.
  • Secure the home and other property, and gather keys and access information.
  • Collect key records such as bank statements, deeds, retirement account details, and life insurance information.
  • Avoid selling or giving away assets until you understand the legal process.
  • Schedule a meeting with an attorney to discuss whether and how to open an estate.

When you contact J. S. Burton, P.L.C., we review your situation, explain what Virginia law generally requires, and help you prioritize your next steps. This can reduce the risk of personal liability for the personal representative and limit confusion or tension among family members. Many clients tell us that simply understanding the sequence of tasks lifts a significant weight.

How We Guide Estate Administration

Once an estate is opened, the real work of administration begins. Our probate lawyers focus on guiding executors and administrators through each phase, so you can meet your obligations without feeling overwhelmed. We strive to keep you informed, answer questions in plain English, and handle legal details that would be difficult to manage alone.

During the early phase, we typically help you qualify as a personal representative, obtain necessary certificates, and notify interested parties. We then work with you to identify, value, and document estate assets, which may include real estate, investment accounts, business interests, and personal property. Accurate inventories and records are essential because they are reviewed by the Commissioner of Accounts.

We also help address debts, expenses, and taxes. This can involve reviewing creditor claims, determining the appropriate payment order under Virginia law, and coordinating with tax professionals when returns are required. Our background in elder law, asset protection, and business law is especially valuable when the estate includes closely held businesses, rental properties, or prior planning structures such as family limited liability companies.

Throughout administration, communication is critical. We work to keep beneficiaries informed in a way that is appropriate and to support the personal representative in difficult conversations. When issues arise, such as disagreements about property or questions about a will, we can advise you on available options and help you seek resolutions that align with your loved one’s documented wishes.

Many clients also want to understand costs. While every estate is different, probate and administration fees are often paid from estate assets rather than out of pocket by the executor. We explain our fee structure before we begin work and discuss likely variables, such as the number of assets, potential disputes, or the need for additional documents. We aim to make costs as predictable and transparent as possible so you can plan with confidence.

Serving Tysons Corner & Northern Virginia

Our McLean office is a short distance from Tysons Corner, which makes it convenient for clients who live or work in the area’s commercial corridors. Many of the people we serve juggle demanding careers, commuting schedules, and family responsibilities, so we structure meetings and communication with that reality in mind. We offer options for in-person and remote consultations when appropriate, depending on the needs of the matter.

Because we regularly work with the Fairfax County Circuit Court and the Commissioner of Accounts, we understand local expectations for filings, inventories, and accountings. This familiarity can help reduce unnecessary back and forth and give clients a clearer sense of what to expect as the estate progresses. We can also help you think through practical issues, such as coordinating the sale of local property or working with out-of-state heirs.

Families in the Tysons area often have ties across Virginia and Washington, D.C. Our firm is accustomed to helping clients who have assets or beneficiaries in multiple jurisdictions. We work to coordinate probate and estate administration tasks with existing estate plans, trusts, and business structures, so you are not left trying to piece everything together alone.

Act fast to connect with an experienced probate lawyer in Tysons Corner. Use our online form to begin right away.

Frequently Asked Questions

Do I have to open probate in Virginia?

Not every estate requires formal probate, but many do. It usually depends on the types of assets, how they are titled, and whether there is a valid will. We can review your loved one’s documents and assets and advise you on whether and how to open an estate in Fairfax County.

How long does probate usually take here?

The length of probate varies, but many Virginia estates take several months to a year or more. Timing depends on factors such as asset complexity, creditor issues, and whether disputes arise. We help you set realistic expectations and work to keep your matter moving as efficiently as circumstances allow.

What are my risks as executor or administrator?

Executors and administrators in Virginia have legal duties, and mistakes can create personal liability in some situations. Risks often involve mishandling assets, paying the wrong creditors, or missing required filings. A probate lawyer at our firm can guide you through your responsibilities and help you follow the rules so you can reduce those risks.

How do your fees for probate work?

We discuss fees with you at the outset and explain how they apply to your situation. Probate and administration fees are often paid from estate assets, not from your personal funds. We aim to make costs as clear and predictable as possible and to adjust our approach to the complexity of the estate.

Can you help with trusts and business assets?

Yes. Our practice includes trust administration, asset protection, and business law, so we regularly assist with estates that involve trusts, family companies, or professional practices. We work to coordinate probate with these other pieces so your family is not managing multiple advisors or conflicting strategies.

Talk With Our Estate Administration Team

Probate and estate administration involve legal rules, financial decisions, and family relationships, all at a time when you are already under strain. You do not have to carry this alone. Our attorneys help families in and around Tysons Corner understand their options, meet their obligations, and move forward with greater confidence.

When you contact J. S. Burton, P.L.C., we take the time to listen, review your documents, and outline practical next steps. We bring more than 20 years of experience in Virginia estate planning, probate, and multigenerational planning, and we strive to build a relationship that supports your family now and in the future.

Call (888) 885-9001 to schedule a consultation with our probate attorney.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "Prompt, Professional, Courteous, Concerned and Caring"
    - Bill O.
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.

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FAQs

  • What estate planning documents should I have?
    A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

    A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

    If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

    A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

    A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

    There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

    The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

    A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

    Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
  • How do I name a guardian for my children?
    If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
  • What does my estate include?

    Your estate is simply everything that you own, anywhere in the world, including:

    • Your home or any other real estate that you own
    • Your business
    • Your share of any joint accounts
    • The full value of your retirement accounts
    • Any life insurance policies that you own
    • Any property owned by a trust, over which you have a significant control
  • Why is it important to establish an estate plan?

    Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

    If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.