[VA] How do I properly pursue a claim against an estate when the debtor died and no one is responding?

VA Estate Probate

Is there a timeline for when I can send a letter of intent to sue an estate? The person who owed me money has passed away, and I haven’t heard back from his wife.

January 9, 2026

Andres Sanchez

22,292 satisfied customers

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In Virginia, estates go through probate, and creditors must file claims within certain deadlines (Va. Code § 64.2-550). Executors are required to notify creditors, but you can still file a claim even if you weren’t contacted (Va. Code § 64.2-528). Here are steps you can take:

Identify the executor through probate records.
File a formal creditor’s claim with the probate court.
Send a certified letter of intent to the executor with supporting documents.
Be mindful of Virginia’s statute of limitations.
Consider hiring an estate attorney if the executor is unresponsive.

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Is there a timeline for when I can send a letter of intent to sue an estate? The person who owed me money has passed away, and I haven’t heard back from his wife.

Lexi, Chatbot

I understand this can be challenging. How long ago did the person pass away?

He passed away on August 6, 2025.

Lexi, Chatbot

Have you taken any formal steps to contact the spouse about the debt?

Yes, I sent two emails with copies of the contract and receipts.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

No, that should be it.

Andres Sanchez

Hi, I’m Andres Sanchez, an attorney. I understand you’re dealing with sending a letter of intent regarding an estate. Have you taken any legal steps yet?

Not yet. I wasn’t sure of the best way to proceed. I want to notify them by mail and keep records before suing if I don’t get my deposit back. I’m in Virginia and worried about the statute of limitations.

Andres Sanchez

That’s a valid concern. Have you communicated with the executor of the estate, or only the spouse?

I’ve had no communication at all. I assumed the wife was the executor. Is there a way to find out who the executor is?

Andres Sanchez

Yes. You can check probate records at the local courthouse where the deceased lived. The executor is listed once probate is opened.

Perfect. Once I find that, besides a letter of intent to sue, is there anything else I should file?

Andres Sanchez

Identify the executor through probate records.
File a formal creditor’s claim with the probate court.
Send a certified letter of intent to the executor with supporting documents.
Be mindful of Virginia’s statute of limitations.
Consider hiring an estate attorney if the executor is unresponsive.

That answers a lot and gives me a clear starting point.

Andres Sanchez

I’m glad I could help. Feel free to reach out if you need more assistance.

Thank you, Andres. I really appreciate it.

Andres Sanchez

You’re welcome.

Andres Sanchez

22,292 satisfied customers

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