EXECUTOR BRIEFING

Estate: Showcase-v11 VA McLean

1021 Towlston Rd, McLean, VA 22102 | Fairfax County, Virginia

Estate ID: 6289b966-f2ce-407b-a94f-849b286d704c | Prepared: April 10, 2026

SECTION 1 — ESTATE SUMMARY

Key Facts

• Critical Data Gap: Current owner name, vesting type (individual, TBE, joint tenancy, or trust), deed book/page, and all encumbrance history are unconfirmed. Property records require manual verification through Fairfax Circuit Court CPAN records, which is the definitive resolution path.
• APN Correction Required: The estate intake originally listed an incorrect APN. The confirmed APN is 019-2-01-0031-D. All estate filings must reference the correct APN to avoid rejection.
• Estate Archetype Unknown: No will, trust, TOD deed, POA, or advance directive has been submitted. The probate pathway, distribution plan, and creditor exposure cannot be modeled until documents are received.
• Corridor Context: Neighboring parcels on Towlston Rd heavily feature trustee/TR ownership — the subject parcel may be trust-held, which would remove it entirely from probate administration.
• Comparable Sales (Exa/MLS): 1017 Towlston Rd sold Aug 2025 for $1,558,974 (3BR/3,427 sq ft); 1025 Towlston Rd sold for $2,200,000 (6BR); 1105 Towlston Rd last sale $2,800,000; 1027 Towlston Rd listed at $16,000/month rent (7BR/12,306 sq ft). Conservative working value for the subject 5BR parcel: ~$2,000,000.

SECTION 2 — RISK ASSESSMENT

Estate-Readiness Score: 2 / 10

Justification: Five simultaneous critical gaps — unverifiable ownership, no encumbrance data, uninvestigated MERP claim on an expanded-scope state, zero testamentary documents, and an APN correction needed across all estate records — combine to produce a near-inoperative estate file. No distribution, no deed of distribution, and no formal inventory should be commenced until the five critical-path items in Section 6 are resolved. The estate scores 2/10 solely because no active foreclosure has been detected and Virginia imposes no state-level estate tax, providing a marginal foundation on which proper administration can be built.

SECTION 3 — PROPERTY DOSSIER

Property A: 1021 Towlston Rd, McLean, VA 22102

Title Threat Summary

Solvency Scenarios

Current Signal: ⚠️ CONDITIONALLY SOLVENT — The unknown mortgage balance and uninvestigated MERP exposure are the two variables that could materially alter this conclusion.

SECTION 4 — CREDITOR PAYMENT SEQUENCE

Virginia Statutory Creditor Priority — Va. Code § 64.2-528

Note on Probate Tax vs. Property Tax: These are two distinct obligations. The probate tax (Va. Code § 58.1-1712) is a one-time fee of $1.00 per $1,000 of personal estate value, payable at qualification — estimated at $2,000–$2,660 on a $2M estate. The real property tax is an annual Fairfax County assessment (~$1.135/$100 assessed value), estimated at $15,000–$25,000/year — a Class 4 creditor obligation.

Note on TBE Exception: If the property was held as Tenancy by the Entirety with a surviving spouse, it may pass outside probate and be shielded from the decedent's individual creditors (Va. Code § 55.1-136). This cannot be determined until vesting is confirmed.

🚨 Virginia Medicaid Estate Recovery Program (MERP) — Mandatory Notice

⛔ DO NOT DISTRIBUTE any estate assets — probate or non-probate — until DMAS has confirmed in writing that no MERP claim exists or that the claim amount is known and reserved. Virginia's expanded-scope MERP can reach trust assets, joint accounts, and TOD beneficiaries. This finding received triple-agent convergence (all three upstream agents independently flagged it as critical).

Creditor Notice Requirements

SECTION 5 — DOCUMENT DEFICIENCIES

5A. Testamentary Document Status

Until testamentary documents are submitted, it is impossible to:

• Determine whether intestate succession (Va. Code §§ 64.2-200–207) applies
• Assess will execution defects
• Confirm whether trust funding was completed
• Model beneficiary distributions or creditor exposure
• Evaluate PR bond waiver (Va. Code § 64.2-1411)
• Assess anti-lapse risk (Va. Code § 64.2-418)
• Determine whether digital asset access authority was granted (Va. Code §§ 64.2-116–132)

5B. Virginia Will Execution Requirements (When Will Is Submitted)

5C. Trust Funding Gaps (If Trust Is Submitted)

If a revocable trust instrument is produced, the following trust-funding questions must be answered before the property can be treated as a non-probate asset:

• Was the deed to the trustee actually executed, acknowledged, and recorded in Fairfax Circuit Court land records? (Va. Code §§ 55.1-104; 55.1-109)
• Is the trust instrument the current, fully executed version with all amendments incorporated?
• Was a successor trustee named and is that person/institution able and willing to serve? (Va. Code §§ 64.2-700 et seq.)
• Does the trust contain express authority for digital assets under VUFADAA? (Va. Code §§ 64.2-116–132)
• Does the trust include spendthrift language? (Va. Code §§ 64.2-740 et seq.)
• Were financial accounts, brokerage accounts, and personal property properly re-titled into the trust?

Virginia UTC Note: Virginia adopted the Uniform Trust Code effective July 1, 2006. Trust registration is not required in Virginia (Va. Code § 64.2-757). However, trust administration must comply with Virginia UTC provisions including mandatory accountings to qualified beneficiaries and trustee removal procedures.

5D. Deed Execution Requirements (For Any Deed of Distribution)

When the personal representative ultimately transfers real property via deed of distribution (Va. Code § 64.2-456), the deed must be:

• Signed by the personal representative
• Acknowledged before a notary (Va. Code § 55.1-104)
• Recorded in Fairfax Circuit Court Land Records, Suite 317 (Va. Code § 55.1-109)

5E. Digital Assets — VUFADAA Gap

Virginia adopted VUFADAA effective July 1, 2017 (Va. Code §§ 64.2-116–132). Without express authorization in the will or trust:

• The personal representative is limited to catalogue-only access to digital communications (email, social media)
• Cryptocurrency and financial digital assets may require a court order
• Digital asset access credentials should be preserved immediately to prevent permanent loss

SECTION 6 — 30-ACTION CHECKLIST

Priority Tiers: 🔴 Immediate (24–72 hours) | 🟠 30-Day | 🟡 90-Day

1. Confirm estate APN is corrected to 019-2-01-0031-D in ALL estate documents, filings, and intake records — court filings referencing an incorrect APN will be rejected by the Commissioner of Accounts. (Administrative — Immediate)
2. Pull full chain of title from Fairfax Circuit Court CPAN for Map # 0192 01 0031D — minimum 40-year search; confirm current vested owner, deed book/page, vesting type, and all recorded encumbrances. (Va. Code §§ 55.1-104; 55.1-109 — Immediate)
3. Call Virginia DMAS at (804) 786-7933 to confirm whether decedent received Medicaid benefits. Do not distribute any estate assets until MERP claim status is confirmed in writing. (Va. Code §§ 32.1-326; 32.1-327 — Immediate)
4. Search CPAN specifically for any TOD deed recorded against APN 0192 01 0031D and any post-death affidavit of survivorship — if found, property passes outside probate to named beneficiary. (Va. Code §§ 64.2-621–638 — 24–48 hours)
5. Submit all testamentary documents (will, codicils, trust, TOD deed, any advance directive) to counsel for execution defect review and archetype classification. (Va. Code §§ 64.2-403; 64.2-452 — 72 hours)
6. Search CPAN for recorded deeds of trust, notes, and any releases — confirm presence or absence of mortgage lien and current outstanding balance. (Va. Code § 55.1-109 — 72 hours)
7. Contact Fairfax County DTA (iCARE) for official assessed value and property tax delinquency status — call (703) 222-8234 or access icare.fairfaxcounty.gov. (Immediate)
8. Search Fairfax Circuit Court ECS (eCaseSearch) judgment docket for all names associated with the decedent — judgment liens attach automatically upon docketing to all Virginia real property. (Va. Code § 8.01-458 — 72 hours)
9. Qualify the executor/personal representative before the Fairfax County Circuit Court Clerk — take oath, file original will (if any), post bond if required. Call (703) 691-7320 to schedule probate appointment. (Va. Code § 64.2-443 — Immediate upon death)
10. Publish Notice to Creditors in a newspaper of general circulation in Fairfax County within 30 days of qualification. (Va. Code §§ 64.2-550; 64.2-551 — 30-day deadline)
11. Send direct written notice to all known creditors concurrent with newspaper publication. (Va. Code § 64.2-551 — 30-day deadline)
12. Confirm marital status of decedent; if married, confirm marriage duration and spousal provisions in estate plan; calendar the 6-month elective share election deadline from date of qualification. (Va. Code §§ 64.2-308.3; 64.2-308.9 — Immediate)
13. Contact identified HOA/POA (1221 Towlston Rd MLS confirms HOA: Yes / $2,400/year) — verify whether 1021 Towlston Rd is within the same POA; confirm current assessment status and search CPAN for any recorded memorandum of lien. (Va. Code § 55.1-1833 — 30-day)
14. Search Virginia SCC UCC index for fixture filings against owner name or property address — solar lease or PACE lien may encumber the property and run with the land senior to subsequent encumbrances. (30-day)
15. File estate inventory with Commissioner of Accounts within 4 months of qualification — include all real and personal probate assets with appraised values. (Va. Code § 64.2-1300 — 4-month statutory deadline)
16. Order licensed appraisal of 1021 Towlston Rd to establish fair market value for estate inventory, Commissioner of Accounts filing, and probate tax calculation. (30-day)
17. Check IRS lien portal — call IRS Centralized Lien Unit at (800) 913-6050 to confirm whether any federal tax lien was filed against the decedent. (26 U.S.C. § 6321 — 30-day)
18. Inventory all digital assets (email accounts, social media, cryptocurrency wallets, online financial accounts, cloud storage) and preserve access credentials immediately before account deactivation. (Va. Code §§ 64.2-116–132 — Immediate)
19. Confirm well and/or septic status for the property — Towlston Rd corridor iCARE data indicates "WATER NOT AVAILABLE / SEWER NOT AVAILABLE" suggesting private systems; a failing septic system is a material estate liability. (Fairfax County Environmental Health — 30-day)
20. Review whether testamentary documents contain express VUFADAA authority for digital assets; if not, petition circuit court for expanded digital access if needed for cryptocurrency or digital financial accounts. (Va. Code §§ 64.2-116–132 — 30-day)
21. If no valid will is found, model intestate succession distribution under Va. Code §§ 64.2-200–207 based on confirmed family composition (surviving spouse, children, other heirs). (30-day)
22. Assess small estate eligibility: if personal probate estate ≤ $75,000, consider affidavit procedure; if individual asset ≤ $35,000, collector procedure may apply — subject to 60-day waiting period from death. (Va. Code §§ 64.2-601; 64.2-602 — 30-day)
23. Assess PR bond requirement — determine whether will expressly waives bond; if not, evaluate whether all qualified beneficiaries can consent to waiver; on a $2M+ estate, bond premium is a material cost. (Va. Code § 64.2-1411 — Immediate)
24. Evaluate solemn form probate if will contest exposure is elevated — solemn form binds all interested parties who receive notice and participate, cutting off the 1-year contest window earlier. (Va. Code §§ 64.2-448; 64.2-449 — 30-day)
25. If property is trust-held, retrieve full trust instrument, confirm successor trustee identity and willingness to serve, verify that the deed conveying property to the trustee was properly executed and recorded in Fairfax land records. (Va. Code §§ 64.2-700 et seq. — 30-day)
26. Run Cobalt entity search on any LLC, trust, or entity name appearing in Fairfax land records as current owner — confirm registration status, officers, and registered agent in the Virginia SCC. (30-day)
27. Obtain title commitment from a licensed Virginia title company covering all recorded matters through the date of transfer — required prior to any sale or deed of distribution. (Va. Code § 55.1-109 — 90-day)
28. File first annual accounting with Commissioner of Accounts — Commissioner audits the fiduciary's work; mandatory throughout administration. (Va. Code § 64.2-1302 — 90-day / ongoing)
29. Model full probate cost exposure for beneficiary disclosure: probate tax ($2,000–$2,660 on $2M estate), Commissioner of Accounts fee ($40K–$100K estimated), appraisal fees, publication costs, and attorney fees. (Va. Code § 58.1-1712 — 30-day)
30. Upon resolution of all creditor claims, MERP status, and Commissioner of Accounts accountings, execute and record Deed of Distribution to transfer real property to heirs or devisees — deed must be executed by PR, acknowledged before notary, and recorded in Fairfax Circuit Court Land Records. (Va. Code § 64.2-456 — 90-day / after creditor resolution)

SECTION 7 — ATTORNEY ACTION ITEMS

Immediate Priority Actions (24–72 Hours)

30-Day Attorney Actions

90-Day Attorney Actions

Probate Venue Reference: Fairfax County Circuit Court | 4110 Chain Bridge Rd, Suite 401 (Probate) / Suite 317 (Land Records), Fairfax VA 22030 | (703) 691-7320 | Monday–Friday 8:00 AM–4:00 PM (Land Records recording until 3:00 PM)

Fairfax County DTA (Property Tax / Assessment) | (703) 222-8234 | icare.fairfaxcounty.gov

Virginia DMAS (MERP) | (804) 786-7933 | 600 East Broad Street, Richmond VA 23219

IRS Lien Desk | (800) 913-6050

This briefing is for informational purposes only and does not constitute legal advice. AI-generated analysis should be independently verified by a licensed attorney.