Posting Bond For Probate In Fairfax
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FAQ
To probate an estate, you must go to the Circuit Court of the county in which the decedent resided at the time of death.
In general, following the death of a decedent, a Personal Representative needs to contact the Probate Division of the Circuit Court Clerk's office in the county or city where the decedent (i) had a known place of residence; (ii) if no known place of residence, then where he or she owned real estate; or (iii) if no real ...
The person appointed as an executor or administrator must give bond before entering upon his/her duties.
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. However, there are exceptions to this rule.
In general, following the death of a decedent, a Personal Representative needs to contact the Probate Division of the Circuit Court Clerk's office in the county or city where the decedent (i) had a known place of residence; (ii) if no known place of residence, then where he or she owned real estate; or (iii) if no real ...
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.
Required by the Virginia probate court, a probate bond (also known as an 'Estate Bond' or 'Fiduciary Bond') is a type of court bond that ensures that the person qualifying as fiduciary will handle the estate appropriately.
If the decedent only owned real estate, probating the Will without qualification may only be required to transfer the real estate. Nonetheless, if the decedent owned personal property in his or her sole name, probate of the Will and qualification as a Personal Representative is necessary to transfer the assets.
While each state is different, California generally requires your personal representative to be bonded. The only exceptions are when the testator's will expressly waives the requirement (and the court permits this to happen) or all the beneficiaries will agree in writing to waive the bond requirement.
