Virginia Personal Representative Request Form
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FAQ
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
"Small asset" means any indebtedness owed to or any asset belonging or presently distributable to the decedent, other than real property, having a value, on the date of the decedent's death, of no more than $50,000.
If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs.
It is recommended that the initial steps in the estate process start within 30 days after death. If any questions exist, call your attorney or your local Circuit Court Clerk's Office.
Does a Will Have to Be Probated in Virginia? A will must be filed with the court in the county where the deceased person lived before their death. Even if the estate doesn't go through probate, the will must be presented to the court.
To qualify as a personal representative, executor, or administrator in the Commonwealth of Virginia, someone 18 years of age or older and able to be bonded, if bonding is required, may serve as a special administrator. A qualified individual may be a resident or non-resident of Virginia.
A: The certificate of qualification, sometimes referred to as letters testamentary, is the certificate that the personal representative receives from the Clerk at the time of qualification, which states that the person has qualified as executor or administrator and has authority to act on behalf of the estate.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
The form may not be used until at least sixty (60) days have passed since the date of death of the decedent. If there is a will, it must be filed with the probate court before this form is permissible.
