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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.
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 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.
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.
Closing an Estate in Virginia In order for the Commissioner of Accounts to allow an estate to be closed, the personal representative must produce a Final Account of the estate. The Final Account must show: All assets have been distributed to the beneficiaries and the balance of the account is zero.
Your Executor or court-appointed administrator is only allowed to use your estate account to pay off outstanding debts, as well as any debts that are acquired in the probate process. As far as your debts that can be paid off, this can include items such as: Remaining mortgages. Loans.
The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is a small asset estate, personal property having value on the date of death of no more than $50,000.00.
In Virginia, an individual will need to make an appointment with the clerk's office in the county of which the decedent either died or held real estate so that an individual can apply to be appointed.