Detailed Answer — step-by-step overview under Virginia law

If a person dies intestate (that is, without a valid will) in Virginia, the circuit court where the decedent lived oversees the estate. The court appoints an administrator to collect assets, pay debts, and distribute property according to Virginia’s probate and intestacy laws (see Virginia Code Title 64.2 for governing rules: https://law.lis.virginia.gov/vacode/title64.2/).

1. Confirm there is no valid will

Search the decedent’s files, safe-deposit boxes, email, and personal papers. Contact banks, accountants, and close relatives. If you find a document that might be a will, do not destroy it. If no will exists, proceed under Virginia’s intestacy rules.

2. Identify the proper court

File your paperwork with the circuit court in the county or city where your father lived at death. The circuit court handles probate and appoints administrators. Your local circuit court clerk can provide forms and local filing instructions — see the Virginia Courts site for resources: https://www.vacourts.gov/.

3. Who can be appointed administrator?

Virginia gives appointment priority to certain people (commonly a surviving spouse first, then children or other next of kin). The court generally prefers a person who has a substantial interest in the estate and who will properly administer it. If multiple people want the role, the court decides based on statutory priority and the estate’s needs.

4. File a petition for appointment

Typical documents to file include:

• A petition or application for appointment of an administrator (the circuit court provides the required form or instructions).
• An original or certified copy of the death certificate.
• A listing of known heirs and their addresses (the court must know who has an interest).
• A proposed bond or request to waive bonding (the court may require an estate bond to protect creditors and heirs).

The clerk will schedule an appointment or hearing and will advise about filing fees, bond amounts, and notice requirements.

5. Notice to interested parties and creditors

Virginia law requires that interested persons be notified of the appointment and of certain probate steps. The administrator will also need to publish notice to unknown creditors and mail notice to known creditors so claims can be presented against the estate. Follow the court’s directions about timing and method of notice.

6. Letters of administration

Once the court approves your appointment and you satisfy any bond requirement, the court will issue “letters of administration” (sometimes called letters testamentary for wills). These letters give you legal authority to act for the estate: collect assets, access bank accounts, sell property if authorized, pay debts and taxes, and distribute remaining assets to heirs under Virginia’s intestacy rules.

7. Duties of an administrator

Major duties include:

• Identifying and securing assets (bank accounts, real property, personal property, benefits).
• Notifying and paying valid creditors and filing necessary tax returns.
• Preparing an inventory and periodic accounting for the court if required.
• Distributing remaining assets to heirs according to intestate succession and closing the estate in court.

8. When you might not need formal probate

Some small or certain types of property can transfer without full administration (for example, life insurance with named beneficiaries, payable-on-death bank accounts, or some small estate procedures). The circuit court clerk can explain available simplified procedures in Virginia and whether your father’s estate qualifies.

9. When to get legal help

Probate issues can be straightforward, but complications (disputed heirs, large or complex assets, creditor claims, questions about bonds or fiduciary duties) make an attorney advisable. You can find a Virginia lawyer through the Virginia State Bar: https://www.vsb.org/, or ask your local circuit court clerk for referral resources.

Helpful Hints

• Contact the local circuit court clerk early. Clerks often provide checklists and standard forms for administrators and can confirm local procedural rules.
• Gather key documents before filing: certified death certificate(s), account statements, property deeds, vehicle titles, insurance policies, and any documentation of debts.
• Prepare a simple family tree or heir list with current addresses to speed the filing process and ensure proper notice.
• Ask whether the court will require an estate bond and whether heirs can waive it in writing to avoid the bond cost.
• Keep detailed records and receipts for all estate transactions — you will likely need to account to the court and heirs.
• If a safe-deposit box exists, take the court’s letters of administration and the death certificate and follow the bank’s procedure to access it.
• Look for beneficiary designations. Accounts or policies with valid beneficiary designations usually pass outside probate directly to the named beneficiary.
• Be proactive about known creditor claims; properly published notices and timely handling reduce personal exposure as administrator.
• If heirs disagree about who should serve, consider mediation or legal counsel to avoid contested hearings that delay estate administration.
• When in doubt, consult a probate attorney — mistakes in administration can cause personal liability for the administrator.