What is Probate?
Probate refers to the legal process of administering a deceased person's estate. It involves validating wills and distributing assets. Explore our state-specific templates to simplify this process.
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Virginia Probate
Probate documents help manage estates after death. Attorney-drafted templates are quick and user-friendly.
Common Virginia Probate documents
- Petition for Probate — Initiates the probate process and validates a will.
- Letters Testamentary — Grants authority to an executor to manage the estate.
- Letters of Administration — Appoints an administrator to handle an estate without a will.
- Inventory and Appraisement Forms — Lists and values the deceased's assets.
- Final Accounting Forms — Summarizes all financial transactions during the probate process.
Popular forms
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Small Estate Heirship Affidavit for Estates Not More Than 50,000Simplify the transfer of small assets without probate for estates valued under $50,000.
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Demand to Produce Copy of Will from Heir to Executor or Person in Possession of WillRequest a copy of a deceased person's will from the executor or anyone in possession of it to ensure proper estate handling.
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Notice to Beneficiaries of being Named in WillNotify beneficiaries about their status in a will and the probate process following someone's passing.
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Power of Attorney For New Or Additional BondEmpower an agent to execute a new or additional bond on behalf of a fiduciary without appearing in court.
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Affidavit of Notice Regarding Estate ofAffidavit serves to confirm notice was given to interested parties regarding a deceased person's estate, ensuring legal compliance.
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Waiver of Notice of ProbateWaive your right to notice about probate proceedings, simplifying your involvement in managing an estate.
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Statement in Lieu of Settlement of AccountUse this document to confirm the settlement of a decedent’s estate, ensuring all debts and bequests are settled appropriately.
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Waiver of QualificationUse this to decline executorship of an estate and recommend someone else for the role.
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Probate Tax ReturnRequired for filing a will or seeking administration when an estate exceeds fifteen thousand dollars.
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Similar documents: key differences
- Executor vs. Administrator — An executor manages an estate according to a will, while an administrator does so when there is no will.
- Letters Testamentary vs. Letters of Administration — Letters testamentary are for estates with a will; letters of administration apply to intestate estates.
- Probate vs. Non-Probate Assets — Probate assets go through court; non-probate assets pass directly to beneficiaries.
- Will vs. Trust — A will outlines asset distribution after death, while a trust manages assets during life and after death.
Key legal points
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Probate is necessary for distributing a deceased person's assets.
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Not all assets go through probate, such as those in trusts.
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Probate can vary significantly between states.
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A will must be validated by the probate court.
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Executors or administrators are responsible for managing the estate.
How to get started
Begin your probate journey in a few simple steps.
- Find a template or package that suits your needs.
- Review the template description, sample, and requirements.
- Access the templates with a subscription.
- Complete the document using our online editor.
- Export or send: download, email, mail, or request e-signature.
FAQs
A trust can provide benefits not included in a will, like avoiding probate.
If no action is taken, the estate may be subject to state intestacy laws.
It's wise to review and update your plan after major life changes.
Beneficiary designations on accounts can override your will.
Yes, you can appoint separate agents for financial and healthcare decisions.
Glossary
- Probate - The legal process of administering a deceased person's estate.
- Executor - The person named in a will to manage the estate.
- Administrator - A person appointed to manage an estate without a will.
- Will - A legal document outlining asset distribution after death.
- Trust - A legal arrangement for managing assets during life and after.
- Beneficiary - An individual designated to receive assets from an estate.
- Intestate - Dying without a valid will.
- Letters Testamentary - Court documents that grant an executor authority.
- Letters of Administration - Court documents that grant an administrator authority.
- Asset Inventory - A detailed list of a deceased person's assets.