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While administrators have authority over an estate's assets, they can't simply take everything.

64.2-508. Personal representative must send notice of the probate. An affidavit of that notice must be filed with the Clerk within 4 months. Not required if personal representative is the proponent is the sole heir and beneficiary or estate is less than $5000.

There are two (2) estate planning documents that are generally used, the Last Will and Testament, and the Revocable Living Trust. Both have their benefits and downsides; however, both effectively pass on the estate owner's assets to the designated beneficiaries following their death.

How to Tackle Estate-Planning Basics in 7 Steps Step 1: Find a Qualified Attorney. Step 2: Take Stock of Your Assets. Step 3: Identify Key Individuals. Step 4: Know the Key Documents You Need. Step 5: Manage Your Documents. Step 6: Don't Neglect the Softer Side of Estate Planning. Step 7: Plan to Keep Your Plan Current.

§ 64.2-403. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.

Although the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers. If the will includes a notarized “Self-Proving Affidavit,” the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses.

- In necessary cases, a child's signature may be notarized. The required proof of the identity of a child is the same as an adult. - Virginia notaries may notarize powers of attorney and wills. - Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates.

Completing the Estate Planning Questionnaire Gather Personal Information: Start with basic information about yourself and your family. List Your Assets: Detail all your assets, including bank accounts, real estate, and personal belongings. Designate Beneficiaries: Decide who will inherit each asset.

Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.