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There is no requirement to probate a Will and qualify as an Executor. However, you may not secrete or purposefully hide a Will. In determining whether to probate a Will and qualify as a Personal Representative, you should consider the title, value and nature of the assets.

If the value does not exceed $15,000, Virginia Code Section 58.1-1714 makes it unnecessary to file a probate tax return. Virginia Code Section 58.1-1718 authorizes the county or city in which the probate occurs also to assess a tax equal to one third of the amount of the state probate tax. List of Heirs.

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.

The probate tax is imposed on the probate of most wills and grants of administration, and applies to property in Virginia. No tax is imposed on estates valued at $15,000 or less. The tax does not apply to the following types of property within an estate: Property passing by the exercise of a power of appointment.

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.

The factors that will determine probate and a length of probate will be whether or not there was a testamentary trust, whether there are family disputes or complications, and what level of estate planning was done prior to the death of the decedent.

Steps You Can Take to Avoid or Reduce Probate in Virginia Consult a Virginia Trusts and Estates Lawyer. Create a Revocable Living Trust. Add Beneficiaries to Appropriate Accounts. Transfer or Payable on Death Accounts. Joint Tenancy With Right of Survivorship. Transferring Property Before Your Death. No-Contest Clause.

In general, executors and administrators have one year from the date of their appointment to distribute the estate to beneficiaries. That said, many estates are complex and cannot be settled within a one-year timeframe.

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.