Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Managing an estate with assets in multiple counties or jurisdictions can seem complex. Under Virginia law, you first probate the will or appoint a personal representative in the circuit court of the decedent’s last domicile. Once appointed, the representative can collect and administer assets throughout Virginia without opening separate proceedings in each county.
Primary Probate in Virginia
Virginia Code § 64.2-503 requires filing the will and petition in the circuit court of the county where the decedent last resided: Va. Code § 64.2-503. The court appoints a personal representative who gains authority statewide under Va. Code § 64.2-600.
Handling Assets Across Counties
Once the representative has letters testamentary or of administration, they can manage bank accounts, vehicles, and other personal property in any Virginia county. Personal property transfers and account closures follow standard procedures without extra filings in each locality.
Assets Outside Virginia: Ancillary Administration
If the decedent owned real or tangible personal property in another state, you must open an ancillary probate there. Virginia Code § 64.2-909 defines ancillary administration: Va. Code § 64.2-909. Typically, you file a certified copy of the will, letters testamentary, and a petition in the foreign jurisdiction.
Coordinate with local counsel in each jurisdiction to meet notice, filing, and bond requirements. The ancillary representative works with the primary Virginia personal representative to ensure all debts are paid and assets properly transferred.
Helpful Hints
- Start probate in the decedent’s last domicile county.
- Use personal representative powers statewide in Virginia.
- Open ancillary administration for out‐of‐state property.
- Obtain certified documents early to avoid delays.
- Consult local counsel in each jurisdiction for specific rules.