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The asset distribution to the descendants of a deceased owner of an estate is determined during the estate planning process. In this process, the owner of the estate identifies all their heirs who are due to receive a portion of the inheritance. The owner lists all the assets that he/she owns.
Distribution of probate assets During probate, the court examines your will (if you have one) to determine whether it is valid and enforceable. In addition, the court appoints a personal representative to perform important tasks such as finding your heirs and paying your outstanding bills and taxes.
You should wait 10 months before distributing the estate because claimants who want to challenge a Will have six months from the issue of a Grant of Probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act).
The statute of limitations for challenging a Virginia will is usually one year. The statute of limitations on inheritance is also one year in Virginia. However, this could be reduced to as little as six months. Anyone who believes they have grounds to challenge a will should do so immediately.
Length and Commitment of Process A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
Virginia has no set time limit for settling an estate. You can take the time you need to grieve and get your affairs in order before you settle the estate. However, Virginia courts do generally recommend that you start the process within a week to 30 days after the funeral.