[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Court Name] [Address] [City, State, ZIP] Re: Probate Proceeding for Estate of [Deceased's Full Name] Probate Case No.: [Insert Case Number] Dear [Probate Clerk or Judge's Name], I write to initiate probate proceedings for the estate of [Deceased's Full Name], who passed away on [Date of Death] in [City, State]. As the [Executor/Administrator] appointed by the decedent's will or as an interested party, I hereby request the execution of the Waiver and Consent form by the beneficiaries and heirs of the estate. In accordance with the laws of the Commonwealth of Virginia, the attached Waiver and Consent form must be executed by all beneficiaries and heirs of the estate acknowledging their willingness to waive their rights to formal notice, citation, or service in these proceedings. By consenting, they acknowledge their understanding of their right to receive notice of any proceedings related to the estate and their right to contest the same. Each beneficiary or heir must sign the form in the presence of a notary public. To facilitate ease and efficiency, I have enclosed copies of the Waiver and Consent form for each individual concerned. I kindly request that you provide me with the required number of copies of this letter and the Waiver and Consent form with the court's official stamp for my records and distribution to the interested parties. It is imperative to mention that the [Deceased's Full Name]'s estate consists of [briefly describe the assets and their estimated value], which I am currently in the process of identifying and appraising. Additionally, I have taken the necessary steps to secure and safeguard the decedent's property and assets. I have attached the inventory and appraisal of the estate, as well as an affidavit or certificate of service, evidencing that I have provided notice to all interested parties of my intent to initiate probate proceedings and execute this Waiver and Consent form. Please find enclosed the following documents: 1. Waiver and Consent form (number of copies as required) 2. Inventory and appraisal of the estate (if applicable) 3. Affidavit or certificate of service I kindly request that the court review and assess the provided documents, approve the execution of the Waiver and Consent form, and acknowledge that it has been filed within the correct timeframe, as required by Virginia state law. Should you require any further information or additional documents to initiate the probate proceedings, please do not hesitate to contact me at the above phone number or email address. Thank you for your attention to this matter. I look forward to receiving the court-approved copies of the executed Waiver and Consent form and any further instructions or requirements regarding the probate proceedings. Yours sincerely, [Your Name] [Executor/Administrator of the Estate of deceased] [Contact Information]
Virginia Sample Letter for Initiate Probate Proceedings for Estate - Request to Execute Waiver and Consent
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How to fill out Sample Letter For Initiate Probate Proceedings For Estate - Request To Execute Waiver And Consent?
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FAQ
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.
Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death.
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.
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.
Real Estate Affidavit for Intestate Estates This affidavit can be used to transfer title of the real estate to the heirs. The person filing the affidavit need not be the personal representative of the estate.
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.
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.
The tax is assessed at the rate of 10 cents per $100 on estates valued at more than $15,000, including the first $15,000 of assets. For example, the tax on an estate valued at $15,500 is $15.50. Localities may also impose a local probate tax equal to 1/3 of the state probate tax.
Probate & Estate Planning in Virginia Before scheduling the appointment, it may be beneficial to seek legal counsel from a trusted probate lawyer, as a qualified attorney can help determine if probate is the most appropriate route to take.
The general steps in the probate process are as follows: The person named as executor in the will brings the original will, a certified death certificate, and an estimate of estate assets to the circuit court clerk. The executor completes a form listing all heirs with a claim to the estate assets.
