Virginia Sample Letter for Payment of Probated Claim
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How to fill out Sample Letter For Payment Of Probated Claim?
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FAQ
This form is sent to each person named in another form the Executor or Administrator of an Estate is required to file -- the "List of Heirs." It is a form that the executor or administrator of an estate must send to everyone who would stand to receive a share of an estate under Virginia law if there had been no will.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
Also, unlike most states, in Virginia there is no deadline for creditors to make claims against an estate other than the normal statute of limitations for a given debt.
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.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
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.
This notice is to tell you that, in the circuit court clerk's office, listed above, either a personal representative has qualified or a proponent has probated the deceased person's will.
