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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

In Virginia, opening probate means asking the circuit court to admit a will or appoint a personal representative to manage a decedent’s estate. An “interested party” may include an executor named in a will, an heir, beneficiary or creditor. The following steps guide you through standard probate administration under Virginia law.

1. Determine the Type of Probate Proceeding

• Testate Administration: Decedent left a valid will. You petition to admit the will and appoint the executor under Va. Code § 64.2-607 (link).
• Intestate Administration: No valid will. You petition for appointment of an administrator under Va. Code § 64.2-603 (link).
• Small Estate Affidavit: If personal property alone is valued at $50,000 or less and there is no real estate, you may use the small estate procedures under Va. Code § 64.2-601 (link).

2. Prepare and File the Petition

1. Select the proper circuit court. Probate usually occurs in the circuit court of the county or city where the decedent was domiciled at death (Va. Code § 64.2-500: link).
2. Complete required forms. Common documents include:
   • Original will (if any).
   • Certified death certificate.
   • Petition to admit will or for administration.
   • Oath of personal representative.
   • Renunciation by other qualified parties (if the named executor declines).
   • Acceptance of appointment.
   • Bond, if the court requires one (Va. Code § 64.2-508).
3. Pay filing fees. Fees vary by locality; check the court clerk’s fee schedule.
4. File the packet with the circuit court clerk and obtain a hearing date, if necessary.

3. Provide Notice

After the petition is filed, the court clerk will notify interested parties—including heirs, devisees and creditors—of the hearing date. You must also publish a notice to creditors as required by Va. Code § 64.2-708.

4. Court Hearing and Appointment

• Attend the hearing. The judge reviews the petition, verifies the validity of the will (if any), and confirms notice requirements.
• Obtain Letters Testamentary or Letters of Administration. Once appointed, the personal representative (executor or administrator) receives these letters, granting authority to collect assets, pay debts, and distribute property.

5. Administer the Estate

The personal representative inventory and appraises assets, notifies creditors, resolves claims, pays taxes and expenses, and finally distributes assets to beneficiaries or heirs. After completing administration, file a final accounting and petition for discharge of the personal representative under Va. Code § 64.2-1100.

Helpful Hints

• Gather all original estate planning documents before starting probate.
• Verify the decedent’s domicile to choose the correct venue.
• Check circuit court clerk’s office for local form requirements and filing fees.
• Keep detailed records of notices sent to heirs, beneficiaries and creditors.
• Consider small estate procedures for estates under $50,000 in personal property.
• Consult a qualified estate attorney to ensure compliance with Virginia law.