Schedule an appointment at the clerk’s office with a probate clerk. Probating the Will & Qualifying as Executor: Click here to find the Virginia Small Estate Affidavit Form with Instructions. The Virginia Small Estate Act beginning with Virginia Code Section 64.2-600 addresses situations where the decedent’s entire personal probate estate does not exceed $50,000. Qualification as executor or administrator may not always be necessary. If the deceased person did not have a known place of residence, VA Code Section 64.2-443 (A) describes the alternate jurisdictions that can be used.ĭepending on the circumstances, if the deceased person was a patient in a nursing home prior to death, the legal place of residence for such person may be presumed to be the same as it was before becoming a patient. Probate of a will and appointment of an executor or administrator occurs in the circuit court clerk’s office of the locality where the deceased person has a known place of residence. Where Wills are Probated & Executors & Administrators Appointed: The person(s) having preference for appointment as administrator can be found in VA Code Section 64.2-502. If the deceased person did not have a will, an administrator, rather than an executor, often is appointed to handle the decedent’s estate. Administering an Estate Where There is No Will: Probate may be the first step in administration of an estate, followed by the appointment of an executor, but appointment of an executor does not always happen when a will is probated. Probate is the process of proving a will is valid and making it part of the permanent public record. The heirs of a person who dies intestate are determined by the laws of the Commonwealth of Virginia in effect at the time of death. Legally speaking, a person dies ‘testate’ if he or she left a valid will and ‘intestate’ if there is not one. Determining Whether There is a Valid Will:Īfter a person dies, it is important to determine if he or she left a valid will. Some laws mentioned in the guide may have since been amended. View the Virginia Bar Associations, A Guide to the Administration of Decedent’s Estates in Virginia page, which can be a helpful source of information however, please note that the guide is not updated as frequently as Virginia probate laws change. Once you determine whether or not the deceased person had a will or had assets at the time of death, call the probate division with your procedural questions or to schedule an appointment. Clerk’s office staff members cannot give legal advice, but they will make the process easier to navigate. It is the responsibility of the person administering an estate to know the law. The Clerk’s Office handles probate of wills and qualification or appointment of executors and administrators and trustees by scheduled appointments that can be arranged by calling our Probate Division.
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