1. Which Virginia court handles the matter?

Probate matters are handled in the Circuit Court for the county or city where the decedent was domiciled at death (their usual, permanent home). If your sibling was domiciled in another state but owned real estate or certain other property located in Virginia, you may need to open an ancillary administration in the Virginia circuit court for that locality.

See the Virginia Code for the rules that govern wills and administration: Va. Code Title 64.2 — Wills, Trusts, and Administration.

2. First practical steps you should take (out-of-state friendly)

1. Locate the original will (if any). The original must generally be filed with the circuit court for probate.
2. Obtain certified copies of the death certificate from the state that issued it.
3. Contact the circuit court clerk in the county or city where the decedent lived (or where the Virginia property is located). Many clerks accept filings by mail, some by e-file, and they can explain local filing procedures and fees.
4. Gather basic estate information: list of assets (bank accounts, real estate, vehicles, retirement accounts), known creditors, funeral bills, and names/addresses of heirs and beneficiaries.

3. Who may be appointed personal representative in Virginia?

Virginia law establishes an order of priority for appointment when there’s no executor named in the will. Priority generally favors a nominated executor in the will, then the surviving spouse, then other heirs in statutory order. Nonresidents may serve as personal representatives, but the court may require an additional surety bond or other protections if the court believes bond is necessary. For details, consult Va. Code Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.

4. How to file: petition for probate or for administration

The basic filing varies depending on whether there is a will:

• If there is a will: file a petition to admit the will to probate and to appoint the executor named in the will (or petition for appointment if the will’s nominee declines).
• If there is no will: file a petition for appointment as administrator (or to nominate another person) under the intestacy rules.

Required items commonly include the original will (if any), certified death certificate, the petition form, and an oath. The clerk will explain whether a bond is required and the amount. You can usually submit the documents by mail or in person; check the local clerk’s website or call the clerk’s office for their remote filing procedures.

5. Serving as an out-of-state personal representative: what to expect

Key points for out-of-state personal representatives:

• Nonresidents can often be appointed, but courts commonly require a surety bond for nonresident personal representatives unless the will waives bond or sufficient security exists.
• You do not generally need to move to Virginia to serve, but you must be willing to comply with Virginia court orders and provide an address for service (and possibly an in-state agent for service of process in some situations).
• Expect to travel to Virginia at least once to sign documents before the clerk or to handle certain asset transfers, though many routine filings can be handled remotely or by mail through the clerk or a local attorney.

6. Timeline, fees, notices, and creditor claims

Probate timelines vary. Typical steps that take time include court processing of the petition, issuance of letters testamentary or letters of administration, notifying beneficiaries, and publishing or sending notices to creditors. The estate must wait the applicable creditor-claim period before final distribution unless claims are resolved sooner. The court clerk can provide current filing fees and procedural timelines for the local circuit court.

7. Special situation: Virginia real estate owned by a non-Virginia decedent

If your sibling lived elsewhere but owned land or other titled property in Virginia, the estate may require an ancillary administration in the Virginia circuit court that has jurisdiction over the property. That proceeding will be limited to the Virginia assets. The primary administration typically occurs in the decedent’s domicile state, and the ancillary administrator handles Virginia property transfer under local law.

8. How to handle filings and appearances from another state

• Call or email the clerk first: clerks will explain what they will accept by mail and whether remote notarization or local notarization is required.
• Use the mail or authorized e-filing where available. Keep copies of everything you send and use certified mail or a trackable courier service.
• Consider retaining a local Virginia probate attorney to file petitions, attend hearings, and act as your local point of contact; this is often time- and cost-effective if you live far away.

9. Documents and information to prepare before contacting the court

• Certified death certificate
• Original will (if any) and any codicils
• List of known assets and approximate values (bank accounts, vehicles, real estate, life insurance, retirement accounts)
• List of known creditors and outstanding bills (funeral expenses, medical bills)
• Names and contact information for heirs and beneficiaries
• Your contact information and statement that you are willing to serve (if you want to be appointed)

10. Where to get official forms and more information

Official Virginia laws and statutes: Va. Code Title 64.2 — Wills, Trusts, and Administration.

Virginia courts and local clerk contact information: Virginia Judicial System (vacourts.gov). Contact the circuit court clerk in the county or city where the decedent lived or where the property is located for local procedures and fee schedules.

If you want help finding a probate attorney in Virginia: Virginia State Bar (search for a lawyer or referral): https://www.vsb.org/.

Helpful Hints

• Call the local circuit court clerk before traveling. Clerks will often tell you what can be handled remotely and what requires an in-person visit.
• If you are appointed and live out of state, get comfortable using a local attorney for most court contacts and filings — it often saves time and travel expense.
• Keep careful records and copies of everything you file with the court; you will need this to close the estate and account to beneficiaries and the court.
• Ask whether the will contains a bond waiver. A bond waiver in the will can eliminate the need for a surety bond even for nonresidents.
• If the estate seems small, ask the clerk about simplified or small-estate procedures under Virginia law — these can be faster and less expensive in some cases.
• When in doubt about deadlines for creditor claims, inventory, or accountings, consult a Virginia probate attorney promptly — missed deadlines can create liability for the personal representative.