The first 30 days after a loss in Virginia — what to do, in order
5 minute read
Losing a loved one is one of the most trying experiences in anyone's life. Sorting out a complicated legal process on the heels of a loss is the last thing you need to be doing — but certain things need to happen in the first thirty days, and knowing what they are makes the grief less compounded.
This is a practical timeline, not an exhaustive checklist. If you're reading this because someone in your life has just died, take what you need and leave the rest.
The first 72 hours
Day 1 — get the death certificate in motion
The death certificate is the document every subsequent step depends on. In Virginia, the funeral home almost always handles the filing with the Department of Vital Records, and they will ask you how many certified copies you want. Order more than you think you need — usually 10 to 15. Each bank, insurance company, retirement account, title company, and utility will ask for an original. Ordering extras now is vastly easier than requesting more later.
Day 2–3 — locate the will and key documents
The original will is usually in one of three places: a fireproof safe at home, a safe deposit box at a bank, or with the attorney who drafted it. The original is what the Virginia Circuit Court requires — a copy alone can create complications.
While you're looking, gather any of the following you can find:
- Advance medical directive and powers of attorney
- Life insurance policies
- Most recent tax returns
- Retirement account statements (401(k), IRA, pension)
- Deeds to real estate
- Vehicle titles
- Recent bank and brokerage statements
- Any trust documents
You do not need to have all of this on day three. You need to know where it is.
Week 1
Secure the home and assets
If your loved one lived alone, the home needs to be physically secured. Change locks if keys are unaccounted for. Forward mail to yourself or another family member. Collect any small valuables that could walk out the door during the parade of well-wishers.
Do not start distributing belongings yet. Sentimental items, family heirlooms, and items of stated value should stay in place until the will has been reviewed and the executor has authority.
Notify essential parties
Within the first week, notify:
- The Social Security Administration (the funeral home often does this automatically — confirm they did)
- The deceased's employer, if applicable
- Any pension administrators
- Life insurance companies (to begin the claims process)
Hold off on notifying credit card companies, utilities, and general creditors until the executor is formally appointed. Early calls can create chaos.
Week 2
Open a probate file
In Virginia, probate is handled by the Circuit Court of the county where the deceased was a resident. For Northern Virginia, that's most commonly Fairfax, Arlington, Loudoun, or Prince William. You — or the executor named in the will — make an appointment with the Clerk of the Circuit Court to "qualify" as executor.
What to bring:
- Original will
- Certified death certificate
- Approximate inventory of assets and debts
- Picture ID
- Payment for filing fees (usually a few hundred dollars, depending on estate size)
The qualification appointment takes about an hour. You'll leave with "Letters Testamentary," which are your legal proof that you have authority to act for the estate.
Open an estate bank account
Once qualified, open a checking account in the estate's name using the Letters and the estate's new Employer Identification Number (EIN). All incoming estate funds — insurance checks, account closures, asset sales — flow through this account. All estate expenses — taxes, utilities, attorney fees — come out of it. Do not deposit estate funds into a personal account. It creates problems that are hard to unwind.
Weeks 3–4
Begin the asset inventory
Virginia requires the executor to file an inventory with the Commissioner of Accounts within four months of qualification. Starting it in weeks 3 and 4 gives you breathing room.
Categorize assets three ways:
- Probate assets — assets titled solely in the deceased's name with no beneficiary designation. These flow through probate.
- Non-probate assets — joint accounts, retirement accounts with named beneficiaries, life insurance, and any assets held in a trust. These pass outside probate and do not go on the inventory (though the executor may still need to contact the custodians).
- Household contents — furniture, jewelry, collections. Virginia allows a reasonable estimate rather than a piece-by-piece valuation for ordinary household goods.
Handle creditor notifications
Virginia requires publishing a notice to creditors in a local paper once the estate is opened. The Commissioner's office will walk you through this at qualification. Creditors have a window to file claims against the estate. Legitimate debts must be paid from estate funds — not from your personal funds.
What you don't have to do in the first 30 days
A short list of things that can wait longer than grief tells you:
- Clearing out the house
- Selling the home
- Dividing personal property among family members
- Filing final tax returns (due with the following year's filings)
- Closing all accounts (some need to stay open for months while final checks clear)
Rushing any of these creates more work than it saves. Do the foundational steps first.
When to get help
Call an attorney early — ideally during week 1 or 2 — if any of the following apply:
- The estate is over $1 million
- There is real estate in multiple states
- There is a business to transfer or wind up
- The will is contested or unclear
- There is no will
- The executor named is unable or unwilling to serve
- There are minor children without a clear guardian in place
Even a simple estate benefits from a consultation at the start. A probate attorney's job is to keep you out of the traps that eat time, money, and family relationships.
Take care of yourself; we'll take care of probate
If you've recently lost a loved one in Northern Virginia or New Hampshire, the first consultation is obligation-free. We'll walk you through the next steps at whatever pace works.
This article provides general information for Virginia and New Hampshire residents and is not legal advice. Every estate is different; please consult an attorney for guidance specific to your situation.