Virginia Sample Letter for Petition to Appoint Administratrix
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How to fill out Sample Letter For Petition To Appoint Administratrix?
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FAQ
Note: Virginia does not issue ?letters testamentary?. A qualification certificate stamped with the seal of the Court is issued showing that an executor or administrator has been qualified, posted bond and has authority to act on behalf of the estate.
Administration shall not be granted to any person unless he takes the required oath and gives bond, and the court or clerk is satisfied that he is suitable and competent to perform the duties of his office. Administration shall not be granted to any person under a disability as defined in § 8.01-2. C.
A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.
Most of the time, you will be required to go through the probate process in Virginia. However, there are exceptions to this rule. Even if the entire estate can't avoid probate altogether, certain assets may be excluded from the probate process.
Compensation for an executor in Virginia is the sole discretion of the court which has jurisdiction over the estate. As a general guideline, an executor is entitled to whatever fee is fixed by the will. Where a specific fee was not fixed, the courts have considered reasonable a fee equal to 5% of the assets.
To qualify, the personal representative must go to the probate department of the Clerk of the Circuit Court, provide required information about themselves and the decedent, meet the requirements of qualification under the law, and pay required fees to the Clerk.
Virginia Code § 64.2-508 (A-D) requires that a fiduciary give written notice of probate to certain individuals within 30 days of qualification. Within 4 months of qualification, a fiduciary must file an affidavit with the Probate Department confirming that said notice(s) were sent.
