Detailed Answer — Settling an Estate in Virginia and Managing Property in Another State

Short answer: If your parent was domiciled in Virginia, you usually open probate in Virginia’s circuit court, get appointed as the personal representative (called an executor or administrator), collect and inventory Virginia assets, pay debts and taxes, and distribute remaining assets under Virginia law. For property located in another state you will typically need to open a separate ancillary proceeding (or use that state’s small‑estate transfer procedures if available). You will usually prove your Virginia letters of appointment in the other state and follow its transfer rules. This is an overview, not legal advice.

Disclaimer: This article is for education only and is not legal advice. Consult a licensed Virginia attorney for specific guidance.

Overview of the legal framework (Virginia)

Virginia probate, the appointment of a personal representative, and the administration of estates are governed by Title 64.2 of the Code of Virginia. For the statutes and official guidance see the Virginia Code – Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/. Practical probate forms and local procedures are available from the Virginia Judicial System: https://www.vacourts.gov/forms/probate/index.html.

Step‑by‑step: What to do in Virginia

1. Confirm domicile and locate the will.

   Start by confirming where your parent was legally domiciled (their permanent home). If they were domiciled in Virginia, probate will normally be opened in the circuit court of the county or city where they lived. Search for a will among their papers and contact any attorney who handled their estate planning.

2. Decide whether to start probate.

   Probate is required to transfer title to assets held solely in your parent’s name (real estate, bank accounts, brokerage accounts, and many other assets). If all assets passed outside probate (joint ownership, beneficiary designations, payable‑on‑death accounts, trusts), you may avoid a full probate. The circuit court clerk can explain local filing requirements; see Virginia probate forms: https://www.vacourts.gov/forms/probate/index.html.

3. Open probate and obtain letters of appointment.

   File a petition with the circuit court to admit the will and appoint a personal representative (executor) or, if there is no will, to appoint an administrator. Once the court acts, it issues letters testamentary or letters of administration (official documents proving your authority). See Virginia Code Title 64.2 for rules about appointment and powers: https://law.lis.virginia.gov/vacode/title64.2/.

4. Marshal assets and give notice to interested parties and creditors.

   Gather bank statements, account numbers, real estate deeds, insurance policies, retirement accounts, and bills. Virginia law requires notice to certain beneficiaries and provides deadlines for creditor claims—follow the court’s rules and local clerk guidance.

5. Inventory, value, and manage estate property.

   Prepare an inventory and list of assets. Secure real property and valuables. Pay necessary ongoing expenses (mortgage, taxes, insurance) to preserve estate value.

6. Pay debts and taxes, then distribute the estate.

   Use estate funds to pay valid creditor claims and any taxes. Virginia does not impose a separate state estate tax; federal estate tax rules may still apply depending on the estate’s size—consult a tax professional. After debts and taxes are handled and the court approves, distribute assets to heirs or beneficiaries and close administration with the court.

How to handle property located in another state

Property located outside Virginia generally cannot be transferred by a Virginia probate order alone. There are two common paths:

• Ancillary probate in the state where the property sits.

  If the estate includes real estate or other significant property in another state, you will likely open an ancillary probate in that state’s probate court. Steps usually include filing a certified copy of the Virginia will and the letters testamentary/administration, paying fees, and following the other state’s notice and administration rules. Many states will recognize the Virginia appointment and give the appointed personal representative power to administer the out‑of‑state assets.

• Use the other state’s transfer or small‑estate procedures.

  Some states offer small‑estate affidavits or simplified procedures to transfer personal property or small bank accounts without a full ancillary probate. These procedures vary by state and may require proof of death and a Virginia certified copy of the letters. Check the laws and forms of the state where the property sits.

Practical steps for ancillary transfers:

1. Obtain certified copies of the Virginia letters testamentary/administration and the death certificate from the Virginia clerk.
2. Contact the clerk or probate court in the other state to learn its filing requirements and fees.
3. File for ancillary administration or use that state’s small‑estate transfer, following its notice and creditor rules.
4. If the out‑of‑state asset is real property, plan to record required documents (deeds, affidavits) in the county where the property is located.
5. Consider hiring a local attorney in the other state to handle ancillary matters — it is often faster and avoids errors.

Common issues and how to handle them

• Conflicting laws: Property law and probate rules vary across states. Follow the law where the property is located for title transfers and real estate recording.
• Timing: Ancillary proceedings can add weeks or months. Plan for additional costs and time when out‑of‑state property is involved.
• Costs: Expect filing fees, publication costs, appraisals, and possible attorney fees in each state where you administer assets.
• Mortgages and liens: If out‑of‑state real estate has a mortgage, you must work with the lender about payment or foreclosure risk while probate proceeds.

Helpful Hints

• Start by locating the death certificate, the original will, and all account statements. Certified copies of the death certificate are often required by banks and courts.
• Contact the clerk of the Virginia circuit court where your parent lived for local forms, fee schedules, and filing steps: https://www.vacourts.gov/courts/circuit.html.
• If the estate includes property in another state, request at least two certified copies of your Virginia letters of appointment—many courts require original certified copies.
• If assets are small, ask whether the other state has a small‑estate affidavit or transfer on death procedures that avoid full ancillary probate.
• Keep detailed records and receipts for all estate transactions; you will report them to the court and beneficiaries.
• Consider hiring a Virginia probate attorney if the estate is complex, includes businesses, or if disputes arise. Hire local counsel in the other state to handle ancillary matters involving real estate or state‑specific procedures.
• Watch the timeline for creditor claims in Virginia and in the other state — deadlines differ and missing one can create liability.
• Check whether retirement accounts or life insurance have named beneficiaries — those pass outside probate and simplify administration.

When to get legal help

Talk to a Virginia probate attorney if you face any of these situations: there is no will and multiple potential heirs; estate assets include real estate, a business, or significant debts; you anticipate disputes among heirs; there are federal tax questions; or there is significant out‑of‑state property that requires ancillary administration. An attorney can ensure you follow Virginia Code Title 64.2 and the courts’ local requirements: https://law.lis.virginia.gov/vacode/title64.2/.

Final reminder: This article explains general steps under Virginia law. It is not legal advice. Rules vary by county and by the state where out‑of‑state property sits. For a tailored plan, consult a licensed attorney in Virginia and counsel in the other state where the property is located.