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A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.

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, the Circuit Court has jurisdiction over the probate process. The process is initiated by the filing of a Last Will and Testament, if one exists, and the qualification of a Personal Representative to administer the estate.

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.

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.

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.

Yes, all fiduciaries in Virginia handling the administration of an estate are required to file accountings unless filing requirements were waived at the time of your qualification.

As an executor, you must provide a formal accounting at least once a year, but beneficiaries can request an informal probate accounting in California at any time. When they do, you must produce it. Because of this, maintaining thorough and accurate records of the estate's finances is crucial.

Beneficiary Rights and Accounting ing to California Probate Code section 10950, if more than a year has passed since the beginning of probate administration and an accounting has not been filed, interested parties are entitled to file a petition with the court to make the executor to complete an accounting.