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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.

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.

If a decedent dies with a will, then their property is distributed ing to the will. If a person dies without a will, then Virginia's probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned.

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.

There is no set time frame in which a will must be probated, or estate administration must be started. The death of a loved one is a particularly emotional, stressful, and busy time. The probate of the will can usually wait until a week or so after the funeral.

The priority of beneficiaries is outlined in § 64.2-200 of the Virginia Code. Within 30 days of the decedent's death, the sole heir or any heir with consent of the other heirs may qualify as Administrator of the intestate estate. After 30 days, any heir may qualify as Administrator.

§ 64.2-403. A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses.

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.

Contesting a will is a complicated and often lengthy process, so it's important to consult with a knowledgeable and experienced Virginia estate planning attorney who can advise you on whether you have legal grounds for contesting the will and/or identify the ground(s) for challenging the will.