Detailed Answer
In Virginia, individuals seeking letters of administration must file specific documentation with the circuit court in the county where the decedent resided at death. These items ensure the court can properly appoint an administrator under Title 64.2 of the Code of Virginia.
1. Certified Death Certificate
You must submit at least one certified copy of the decedent’s death certificate. The certificate must include the decedent’s full legal name, date of death, and cause of death.
2. Petition for Letters of Administration
File a petition (Virginia Judicial Form CC-1413) requesting appointment as administrator. The petition must identify the decedent, state that no valid will exists, and list your relationship to the decedent. See Va. Code § 64.2-509.
3. Oath of Administrator
The proposed administrator must take an oath to faithfully perform duties and safeguard estate assets as required by Va. Code § 64.2-510. This oath is typically administered by the clerk.
4. Fiduciary Bond
Unless waived by unanimous heir consent, you must post a fiduciary bond. The court sets the bond amount based on estate value. The bond secures proper administration and is governed by Va. Code § 64.2-601.
5. List of Heirs and Their Addresses
Provide a complete list of all heirs at law with current mailing addresses. The court uses this list to notify interested parties and may require an heirship affidavit if relationships are unclear.
6. Payment of Probate Fees
Circuit courts charge filing fees for probate matters. Check the local clerk’s fees schedule and include payment when you file the petition. Fee amounts vary by county.
7. Local Court Forms and Requirements
Circuit courts may require additional forms such as a schedule of known estate assets or a personal representative information sheet. Contact the clerk’s office for specific instructions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.
Helpful Hints
- Obtain multiple certified death certificates; you may need extras for banks and other institutions.
- Verify local clerk’s office hours and requirements before your filing date.
- Gather asset valuation information early to estimate bond amounts.
- Use the court’s official forms to avoid processing delays.
- Consider consulting a probate attorney to ensure all documentation is accurate.