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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.

In the case of joint bank accounts, they are usually not subject to the probate process. This is due to a provision known as the "right of survivorship," which is common in joint ownership situations.

Common non-probate assets include: Life insurance proceeds or pension benefits payable to a named beneficiary. Assets such as a home owned with someone else in joint tenancy or tenancy by the entirety. Assets with a listed beneficiary outside of the deceased person's will such as an IRA or payable-on-death bank account.

If the will is contested, litigation costs can be insurmountable. By avoiding probate, you can also keep someone from contesting your wishes altogether. Finally, one of the biggest reasons individuals avoid probate is because they want their financial affairs kept private.

Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death.

In Virginia, an estate will need to be probated when a person dies with property valued at more than $50,000. So, to avoid probate, you must either have a very small estate or take steps to ensure that your assets transfer automatically to beneficiaries.

First, the will (original) must be taken to the Clerk's Office of the Circuit Court in your Page 4 local jurisdiction. It is recommended that an appointment be made with the Clerk or a deputy clerk. You might be given some forms to fill out prior to the appointment.

If there is a will, and an executor or executors is named in the will, the person or persons specified will qualify. If there is a will, but no executor is named or the specified executor refuses or ceases to serve, the circuit court may grant administration to an alternate executor or a beneficiary of the will.

If the decedent only owned real estate, probating the Will without qualification may only be required to transfer the real estate. Nonetheless, if the decedent owned personal property in his or her sole name, probate of the Will and qualification as a Personal Representative is necessary to transfer the assets.