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Necessary steps of probate Collecting assets. Paying debts. Filing necessary tax returns. Filing final paperwork with the court. Distributing assets ing to instructions outlined in a valid will. Giving notice to all creditors and beneficiaries.
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.
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.
The executor of the estate should endorse an estate check in the same way you would any check, by signing on the signature line. You can sign your name and write "Administrator of the Estate of [the deceased's name]." Alternatively, you can endorse it with the full legal name of the estate.
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.
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.
Some firms bill by the hour; others charge a flat fee. But, regardless of the method, these fees will typically amount to 3-5% of your estate's value.