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In Virginia, certain assets can pass outside of probate. These include assets held in joint tenancy, life insurance policies with designated beneficiaries, and retirement accounts. Furthermore, items like vehicles can also be transferred without going through probate under specific conditions. Virginia trust and estate attorneys can guide you through understanding these exemptions to help streamline your estate planning.
Given the various steps involved, the timeline for an executor to settle an estate in Virginia can range widely, usually from several months to over a year, depending on the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
To make a living trust in Virginia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
Anyone can make a trust in Virginia as long as they follow the requirements as listed in the statute. The settlor must have the proper mental capacity and must intend to create the trust. Furthermore, the settlor must name a beneficiary for the trust and a trustee to manage it.
Creating a living trust in Virginia occurs when you create a written trust document and sign it in the presence of a notary. The trust is not official until you transfer assets into it. A living trust can offer a variety of benefits that may appeal to you. Consider what is best for you.