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Probate of a decedent's will is not required by law if title and delivery of the decedent's assets will properly occur without probate of the will. It is important to note, though, that fraudulent concealment or destruction of a will is a felony under Virginia law.

What's Included in A Small Estate Affidavit? 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. State that no application to appoint a personal representative has been granted.

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.

In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.

Virginia allows an heir of a person who has died to avoid probate by following a summary administration process using a small estate affidavit. With a small estate affidavit, an heir can usually claim bank accounts and other estate assets much faster and at far less cost than via probate.

Virginia allows an heir of a person who has died to avoid probate by following a summary administration process using a small estate affidavit. With a small estate affidavit, an heir can usually claim bank accounts and other estate assets much faster and at far less cost than via probate.

The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is a small asset estate, personal property having value on the date of death of no more than $50,000.00.

Many families need time to grieve after losing a loved one, so the Commonwealth of Virginia does not stipulate a time frame to file a will with the courts. However, the Circuit Court of Virginia recommends the executor files it within 30 days if possible.

The list of heirs is given under oath on a form provided by the Clerk of Court. The heirs identified on the list are the heirs of the decedent as provided under Virginia law for a person who dies without a will. The form requires the name, address, relationship to the decedent, and age of each heir.