Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Virginia, you may need to confirm whether they left a valid will or other estate planning documents. Follow these steps to verify the existence and validity of those papers under Virginia law.
1. Examine Personal Files and Safe-Deposit Boxes
- Search the decedent’s home office, filing cabinets, and digital folders for signed wills, trusts, powers of attorney, advance directives, or health-care directives.
- Check bank safe-deposit boxes (with court order if necessary) for sealed envelopes marked “Last Will” or similar.
2. Consult Family Members and Close Contacts
- Ask the decedent’s spouse, adult children, or close friends whether they knew of an attorney or law firm handling estate planning.
- Gather any leads on where the decedent kept business cards, emails, or letters from estate-planning counsel.
3. Contact the Decedent’s Attorney or Law Firm
- Call local attorneys or firms the decedent used for legal, tax, or financial services.
- Most estate attorneys will retain copies of wills, trusts, or advance directives even if the original is with their client.
4. Check with the Circuit Court Clerk’s Office
- Under Va. Code § 64.2-414, anyone may deposit a will for safekeeping with the clerk of the circuit court in the jurisdiction where they reside.
Va. Code § 64.2-414 - Visit or call the Circuit Court Clerk’s Office in the decedent’s county or city. Ask if a will is on file for that individual.
5. Search Recorded Real-Estate and Trust Filings
- Revocable and irrevocable trusts often don’t require recording unless they hold real estate. Check land records for trust names or deed references.
Va. Code § 55.1-500 - Advance directives for health care don’t record centrally but may be with the decedent’s medical providers or attorney.
6. Confirm Validity Requirements for Wills
Under Virginia law, a will is valid if it meets these elements (Va. Code § 64.2-402):
- It is in writing and signed by the testator (the person making the will).
- The signature is made in the presence of two competent witnesses.
- Each witness signs in the presence of the testator and each other.
7. Next Steps If You Locate Documents
- If you find a valid will, file it for probate with the Circuit Court in the decedent’s residence at the time of death.
- If no will appears, the estate will pass under Virginia’s intestacy laws (Va. Code § 64.2-200 et seq.).
- Consider retaining an estate-planning attorney to guide you through probate or trust administration.
Helpful Hints
- Start your search promptly to preserve evidence and meet probate deadlines.
- Keep a written log of where you searched and whom you contacted.
- Label original documents clearly and store them in a secure location.
- Check cloud storage, encrypted drives, or password managers for digital copies.
- Consult a Virginia estate attorney if you encounter conflicting documents or unsure validity.