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J. S. Burton, P.L.C. J. S. Burton, P.L.C.
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Probate & Estate Administration

Probate Attorney in Williamsburg, VA

Williamsburg Probate Counsel. Over 20 Years of Estate Experience.

J. S. Burton, P.L.C. is a boutique Virginia law firm with offices in Williamsburg, Virginia Beach, and McLean, serving clients throughout Virginia and Washington, D.C. When a family member passes away and someone must step in to settle the estate, our attorneys guide personal representatives through every stage of the probate process, from qualifying at the Circuit Court Clerk’s Office to making final distributions to beneficiaries. Our attorneys bring over 20 years of experience in probate, estate planning, trust administration, and elder law.

Probate can feel unfamiliar and time-consuming, especially for an executor or administrator managing it for the first time alongside personal grief. We keep the process clear and manageable.

We offer a free consultation for probate and estate administration matters. Call (888) 885-9001 or reach us through our contact form to schedule yours.

Why Williamsburg Families Work with J. S. Burton, P.L.C.

We take a personalized, multigenerational approach to legal planning. Rather than treating a probate matter in isolation, we look at the full picture: immediate obligations to creditors and beneficiaries, long-term asset transition, and how today’s decisions affect future generations. That breadth matters when an estate involves business interests, real property, or complex family dynamics.

Founding attorney John S. Burton has been named three times among the National Trial Lawyers Top 100 in Estate and Probate and was recognized among the Top 10 Estate and Probate Attorneys by the National Trial Lawyers Association in 2025. He is admitted to practice in all courts within the Commonwealth of Virginia and is licensed in the District of Columbia, so our representation can cover the full range of Virginia probate courts, including the Williamsburg/James City County Circuit Court.

How Probate Works in Williamsburg & James City County

Virginia probate is handled at the local Circuit Court level. For decedents who lived in the City of Williamsburg or James City County, the Williamsburg/James City County Circuit Court Clerk’s Office probates wills and qualifies executors and administrators. This is where the process begins: presenting the will, receiving letters testamentary (the legal document confirming an executor’s authority to act on behalf of the estate), and opening the estate for administration.

A few Virginia-specific rules are worth knowing:

  • Probate Tax: Virginia imposes a state probate tax of 10 cents per $100 of estate value. Neither the City of Williamsburg nor James City County currently adds a local probate tax on top of that.
  • Small Estate Affidavit: When a decedent’s personal property doesn’t exceed $75,000, Virginia’s Small Estate Act may allow the estate to skip full probate administration through a simplified affidavit process.
  • Commissioner of Accounts: A lawyer appointed by the Circuit Court judge, the Commissioner of Accounts oversees the inventories and accountings that executors and administrators must file during the administration period.

The Personal Representative’s Role & How We Help

Whether the court appoints an executor named in a will or an administrator for an estate where someone died intestate (without a valid will), the personal representative carries significant legal responsibilities. In Virginia, those include protecting and managing estate assets, notifying creditors, settling legitimate debts, and distributing what remains to beneficiaries according to the will or, absent one, Virginia’s intestacy laws.

We advise clients on selecting and appointing a personal representative and assist with the full qualification process. Our work on a matter typically covers:

  • Filing the Will: Presenting the will and supporting documents at the Circuit Court Clerk’s Office
  • Asset Inventory: Identifying, valuing, and documenting estate assets for the Commissioner of Accounts
  • Debt Settlement: Evaluating creditor claims and paying valid debts and taxes in the correct order of priority
  • Final Distribution: Transferring assets to beneficiaries and preparing the accountings required to close the estate

We handle both straightforward estates and complex matters involving multiple beneficiaries, out-of-state property, or business interests. The process looks different in each situation, and we tailor our approach accordingly.

Schedule a Free Probate Consultation in Williamsburg

If you’ve been named executor or need to open an estate in Williamsburg or James City County, our attorneys can help you move forward with confidence. The consultation is free and gives you a clear picture of what the process involves before you commit to any next steps.

J. S. Burton, P.L.C. works with families at every stage of probate and estate administration. Call (888) 885-9001 or submit our contact form to schedule your free consultation with a Williamsburg estate administration 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.