The executor of an estate and the trustee of a testamentary trust are fiduciaries who must act with the utmost fidelity and in accordance with the terms of the Will (and any testamentary trust created by the Will) and applicable law.
If you’re a fiduciary, you are charged with the sometimes-daunting task of administering the probate estate. Depending on the type of property owned, how it is titled, the provisions of the decedent’s will, and the applicable law, if you are the fiduciary you have complicated responsibilities that are often best carried out with the guidance and assistance of a knowledgeable legal advisor.
The Farr Law Firm’s estate administration division handles all aspects of estate administration, employing a team of professionals with wide-ranging expertise.
What a Probate Attorney / Estate Administration Attorney Does
A probate attorney, also known as an estate administration attorney, manages the legal process of settling a deceased person’s estate according to their last will and testament or, if no will exists, under state law.
This includes locating and valuing assets, notifying creditors, paying valid claims, addressing estate taxes, and distributing the remaining property to beneficiaries.
The Farr Law Firm helps executors and trustees fulfill every legal obligation correctly and efficiently. Our goal is to reduce the burden on your family while protecting the estate from creditor claims, disputes, and unnecessary tax exposure.
Probate Administration in Virginia, Maryland, and DC
The probate process differs by jurisdiction. Virginia, Maryland, and Washington, D.C. each have distinct filing requirements, court procedures, and timelines.
The Farr Law Firm handles estate administration across all three jurisdictions. Families in the DC Metro region who straddle state lines for residence, property ownership, or asset holding benefit from an attorney licensed and experienced in each.
We manage the filing of the will with the probate court, the appointment of the executor, creditor notification deadlines, and all required accountings. You do not need to figure out which state’s rules apply — we do that work for you.
Serving as Executor or Trustee
Being named executor of an estate or trustee of a trust is an honor, but it carries real legal responsibility. Mistakes in administration can expose you to personal liability.
Common executor responsibilities include gathering assets, publishing creditor notices, filing estate tax returns, and distributing property according to the will. Trustees carry similar duties over a longer timeline.
The Farr Law Firm walks executors and trustees through every step, prepares required court filings, and provides the legal guidance needed to fulfill fiduciary duties correctly.
Estate Tax Planning and Administration
Federal and state estate taxes can significantly reduce the assets available to beneficiaries if not properly addressed. Virginia does not impose a separate estate tax, but Maryland and D.C. do — and federal estate tax applies above the federal exemption threshold.
We coordinate estate tax filings with income tax returns, identify applicable deductions, and work alongside your financial advisors to minimize tax liability for the estate and its beneficiaries.
Probate Litigation and Estate Disputes
Not every estate settles smoothly. Disputes over the validity of a will, the conduct of an executor, or the rights of a beneficiary can lead to probate litigation.
Common causes of estate litigation include challenges to will validity, claims of undue influence, disputes over asset valuation, and disagreements among co-trustees. These disputes require skilled legal representation to resolve.
The Farr Law Firm represents executors, trustees, and beneficiaries in contested estate matters across Virginia, Maryland, and D.C. Our goal is to resolve disputes efficiently while protecting our clients’ interests.
Trust Administration After a Death
When a loved one held a revocable living trust, trust administration generally replaces the formal probate process. However, proper trust administration still requires careful legal handling.
The successor trustee must notify beneficiaries, inventory assets, pay valid debts, file required tax returns, and distribute property according to the trust terms. Failure to follow these steps correctly can expose the trustee to personal liability.
The Farr Law Firm guides successor trustees through the full trust administration process, preparing required notices, accounting documents, and distribution records.
Guardianship and Conservatorship Proceedings
When a family member becomes incapacitated without adequate planning documents in place, a court may need to appoint a guardianship or conservatorship to manage their personal and financial affairs.
These proceedings require court filings, background checks, and ongoing reporting requirements. The Farr Law Firm represents petitioners in guardianship proceedings in Virginia, Maryland, and D.C. courts, working to establish appropriate legal authority as quickly as possible.
Real Estate and Property in Estate Administration
Transferring real estate through an estate or trust requires specific legal steps depending on how title was held, whether the property passes through probate, and the jurisdiction where it is located.
Contact a Probate Attorney / Estate Administration Attorney Today
Probate / Estate administration can move quickly once the court is involved. Errors in executor duties, missed tax deadlines, or improperly transferred assets can create lasting problems for your family.
The Farr Law Firm provides clear, experienced legal guidance to help families and fiduciaries manage the full estate administration process responsibly and confidently. Contact us today to discuss estate administration representation tailored to your family’s situation.
Our estate administration services include:
- We prepare of Federal estate tax returns, Form 706, and applicable State inheritance/estate tax returns;
- We prepare judicial and non-judicial fiduciary accountings for trusts and estates;
- We prepare fiduciary income tax returns for trusts and estates, including income tax planning to minimize income taxes;
- We prepare Federal and State gift tax returns;
- We do appropriate post-mortem planning, including the use of disclaimers, small business succession, and redemption of shares of closely-held businesses;
- We work with executors, trustees, financial advisors, beneficiaries, and accountants to minimize estate tax and income tax;
- We assist executors in navigating through the estate administration process.
- We assist beneficiaries in resolving family disputes regarding inherited or inheritable assets.
- We assist with the valuation of closely-held business interests to minimize estate tax.
To get started, please see our Levels of Planning for Trust and Estate Administration and then download our Intake Form.
Frequently Asked Questions
What is the difference between a probate attorney and an estate attorney?
A probate lawyer focuses specifically on the court-supervised process of validating a will and distributing assets through probate. An estate administration attorney handles a broader scope of work, including both probate and non-probate asset transfers, trust administration, tax coordination, and fiduciary representation.
In practice, many attorneys handle both roles. The Farr Law Firm represents executors and trustees across all phases of estate administration, whether or not formal probate is required.
Can a lawyer be the administrator of an estate?
Yes. An attorney can serve as the administrator or executor of an estate in most states. This arrangement is sometimes used when no family member is able or willing to serve, or when the estate involves complex assets or disputes that benefit from professional oversight.
Do I need an estate attorney to go through probate?
You are not legally required to hire an attorney to open a probate estate, but doing so significantly reduces the risk of errors, delays, and personal liability for the executor. The probate process involves court filings, creditor notifications, estate tax returns, and final accountings — each with its own deadlines and requirements.
In Virginia, Maryland, and D.C., each jurisdiction has different probate rules and timelines. Working with an estate administration attorney who is licensed in all three ensures nothing is missed, regardless of where your family’s assets are located.
What is the biggest mistake people make with wills?
One of the most common mistakes is failing to update a will after major life changes — divorce, remarriage, the birth of children or grandchildren, or the death of a named beneficiary. An outdated will can cause unintended distributions and estate litigation.
A second major mistake is relying on a will alone to avoid probate. Estate plans that combine a will with a properly funded trust, Powers of Attorney, and an Advance Medical Directive provide far greater protection and flexibility than a will on its own.
The Farr Law Firm helps families build estate plans — including preparing customized estate plans tailored to your individual family — that account for every contingency.