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4.2-1206, 64.2-1308 Circuit Court of .......................................................................................................................................................................................................................... Estate of .................................................................................. , Type of Fiduciary: Name of fiduciary Mailing address Administrator of intestate .

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Virginia's laws of intestate succession state that when a person dies leaving a spouse and children, one-third of the person's assets pass to the spouse and two-thirds of the person's assets pass to the children. If a person does not have any children, all of the assets pass to the spouse.

Typically, fees — such as fiduciary, attorney, executor, and estate taxes — are paid first, followed by burial and funeral costs. If the deceased member's family was dependent on him or her for living expenses, they will receive a “family allowance” to cover expenses. The next priority is federal taxes.

The Commonwealth of Virginia recommends that an estate's executor file for probate at the appropriate Virginia Circuit Court within 30 days of the decedent's death.

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.

Basic Requirements for Executors in Virginia Virginia laws do not specify any particular qualifications or characteristics that your executor must have. You can name anyone who you trust, as long as they are willing and able to serve. If you leave a Will, it should name your chosen executor.

Qualification: the procedure whereby a person is appointed by the Clerk to serve as executor or administrator of a decedent's estate. Self-Proving Affidavit: an affidavit, given under oath, by the testator and witnesses, and notarized, that proves the Will was signed and witnessed in ance with Virginia law.

Most people who have not signed estate planning documents assume that they have no estate plan. However, if you die without a will, Virginia's laws will determine who receives your property after you die. Either way, if you die with or without a will in Virginia, your estate must go through a process called probate.

If there is no will, or the person named in the will isn't available or willing to serve, the probate court will appoint an "administrator." This person does the same job as an executor. Under Virginia law, anyone who inherits from the deceased person can be appointed as administrator.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232