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In Virginia, your executor must not be a "person under a disability." This means an executor can't be: younger than 18 years old. incarcerated for a felony conviction. judged incapacitated by a court, or.
You'll have to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you'll need to file a valid will, if one exists, and the death certificate.
The will should be probated in the circuit court in the county or city where the decedent resided at the time of death. If the decedent had no known place of residence, the will should be probated where the decedent owned any real estate, or if none, where the decedent died or has any estate.
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.
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 ...
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Probating a copy of a will in Virginia requires an additional step – a petition must be be filed in the Circuit Court where the decedent last lived (unless they were in a nursing home, then other rules may apply) asking that the Court accept the copy as the original will.
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.
Estate or Probate Attorney. Anyone who needs assistance in navigating the probate process would be well-advised to consult with a knowledgeable attorney experienced in estates and probate administration.
