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Again, it's critical to consult with an experienced probate attorney who can clarify legal statutes and recommend the best path forward based on your unique circumstances. Most of the time, you will be required to go through the probate process in Virginia.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
The probate of the will can usually wait until a week or so after the funeral. It is recommended that the initial steps in the estate process start within 30 days after death. If any questions exist, call your attorney or your local Circuit Court Clerk's Office.
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.
To make an appointment. o You will need to take the following items to this first appointment: Page 3 PROBATE IN VIRGINIA: How to Begin 1) The decedent's original will (if there is one) and any original codicils [amendments to the will] (if there were any) 2) An original death certificate for the decedent 3) ...
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.
The general steps in the probate process are as follows: The person named as executor in the will brings the original will, a certified death certificate, and an estimate of estate assets to the circuit court clerk. The executor completes a form listing all heirs with a claim to the estate assets.