Disclaimer: This article provides general information about Virginia law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Estate Administration in Virginia
In Virginia, the Circuit Court in the county where the decedent resided or owned real property handles estate administration. To open probate or administer an intestate estate, you file a petition with the Clerk’s Office of that Circuit Court. The court appoints a personal representative (executor or administrator) and issues Letters Testamentary or Letters of Administration.
Typical steps include submitting the original will (if one exists), a certified death certificate, a list of heirs, and an inventory of assets. The Circuit Court oversees creditor notices, asset distribution, and final accounting.
Relevant Statutes
Virginia Code Title 64.2 (Probate of Wills; Administration of Estates): Va. Code § 64.2.
Unclaimed Property Claims in Virginia
The Virginia Department of the Treasury’s Unclaimed Property Division handles all unclaimed property claims. This state agency safeguards abandoned financial assets—such as bank accounts, uncashed checks, insurance proceeds, and safe-deposit contents—until the rightful owner claims them.
To search for unclaimed property, use the Treasury’s online database. If you locate property in your name, submit a claim form along with proof of identity and documentation demonstrating ownership. The Division reviews your claim and returns property once eligibility is confirmed.
Relevant Statutes
Virginia Abandoned Property Act: Va. Code § 55.1-100 et seq..
Helpful Hints
- Gather a certified death certificate before filing probate documents.
- Check your local Circuit Court Clerk’s Office website for probate forms, instructions, and fee schedules.
- Search the Treasury’s unclaimed property database at trs.virginia.gov/unclaimed-property.
- Prepare a detailed inventory of all assets, including account numbers and documentation.
- Keep copies of all filings, correspondence, and receipts for your records.