Step-by-step FAQ: Handling a Mother’s Estate under Virginia Law
Disclaimer: This article is for general information only and is not legal advice. Laws change and every estate is unique. Consult a Virginia probate attorney or your local circuit court clerk for specific guidance.
Detailed answer — what to do first and next
When a parent dies, you face administrative tasks, legal deadlines, and emotional stress. Below is a practical, ordered plan you can follow under Virginia law. Each step explains why it matters and where to get help.
- Confirm the death and obtain certified death certificates.
Ask the funeral home or the Virginia Department of Health — Vital Records for certified copies. Many entities (banks, government agencies, insurers) require an original certified death certificate.
More info: Virginia Department of Health — Vital Records: https://www.vdh.virginia.gov/vital-records/
- Locate the will and other estate documents.
Search the deceased’s documents for a will, trusts, deeds, insurance policies, lists of account numbers, and powers of attorney. If you find a will, do not alter or destroy it.
- Secure property and important assets.
Change locks if needed, secure valuables, and make an inventory of property and accounts. Notify banks, investment firms, and insurance companies of the death.
- Decide whether probate is required.
Probate in Virginia typically occurs in the circuit court where the decedent lived if the decedent owned assets solely in their name. Some assets bypass probate (joint accounts, assets held in trust, or titled to beneficiaries).
Virginia code governing decedents’ estates is in Title 64.2. For general statutory guidance: https://law.lis.virginia.gov/vacode/title64.2/
- Contact the circuit court clerk where your mother lived.
The clerk can tell you how to open a probate case, what forms to file, and whether your situation qualifies for a simplified or small-estate procedure. Clerks also maintain probate records and can provide local filing fees and timing.
Virginia Circuit Courts info: https://www.vacourts.gov/courts/circuit.html
- If there is a will, file it and ask to be appointed personal representative (executor).
The will usually names a personal representative. The court issues letters testamentary that give the representative legal authority to manage assets, pay debts, and distribute property according to the will.
- If there is no will, ask the court to appoint an administrator.
When someone dies intestate (without a valid will), Virginia law provides an order of priority for appointment and rules for distributing assets to heirs. The court issues letters of administration to the appointed person.
See Virginia Code Title 64.2 for intestacy and appointment rules: https://law.lis.virginia.gov/vacode/title64.2/
- Gather assets and prepare an inventory.
The personal representative must identify estate assets, obtain valuations (for real property, vehicles, and certain personal property), and assemble account statements. The court may require a formal inventory in some cases.
- Notify creditors and pay valid debts and expenses.
Virginia law sets timelines and procedures for creditor claims against the estate. The executor must pay funeral expenses, administration costs, valid creditor claims, and any taxes before distributing assets to heirs or beneficiaries.
Refer to Title 64.2 for creditor claims and administration: https://law.lis.virginia.gov/vacode/title64.2/
- File tax returns and handle tax issues.
File the decedent’s final federal and state income tax returns and any required estate tax returns. Virginia does not currently impose a separate state estate or inheritance tax, but very large estates may have federal estate tax obligations.
IRS estate tax guidance: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax
Virginia Department of Taxation: https://www.tax.virginia.gov/
- Distribute assets and close the estate.
After debts and taxes are paid and the court approves distributions (if required), the personal representative transfers property to beneficiaries per the will or Virginia’s intestacy rules. The representative then seeks the court’s allowance of final accounts and estate closure.
Special procedures and alternatives
- Simplified or small-estate procedures: Virginia provides less formal processes for certain small estates or to collect specific types of property. Ask the circuit court clerk whether your case qualifies.
- Non-probate transfers: Assets titled jointly with rights of survivorship, retirement accounts with designated beneficiaries, life insurance proceeds, and assets held in trust often pass outside probate. Collect beneficiary forms and policy information.
Practical documents and records to collect
- Certified death certificate(s)
- Original will and codicils (if any)
- Deeds, vehicle titles, and mortgage statements
- Bank, investment, and retirement account statements
- Insurance policies (life, home, auto)
- Recent utility bills and final household expenses
- List of known creditors, loans, and outstanding bills
- Tax returns for the last several years
Helpful hints
- Obtain several certified copies of the death certificate at once—many institutions require originals.
- Do not commingle estate funds with your own accounts. Open an estate bank account when you have court authority to handle money properly.
- Keep detailed records and receipts of every action and expense by the personal representative—courts often require accounting and beneficiaries may request documentation.
- Contact the local circuit court clerk early. Clerks explain filing steps, local forms, and estimated timelines.
- Consider a short consultation with a Virginia probate attorney if assets are substantial, family relationships are contested, or complex tax issues exist. Even one session can clarify duties and avoid costly mistakes.
- Remember that some assets transfer quickly (beneficiary designations); prioritize contacting banks, insurance companies, and retirement plan administrators.
- If you cannot find a will but suspect one exists, check with the decedent’s attorney, safe deposit box records, and the clerk’s office (some jurisdictions keep wills on record).
Where to get official help and forms
- Virginia Code (Decedents’ Estates): https://law.lis.virginia.gov/vacode/title64.2/
- Virginia Circuit Courts (probate filing and clerk contacts): https://www.vacourts.gov/courts/circuit.html
- Virginia Department of Health — Vital Records (death certificates): https://www.vdh.virginia.gov/vital-records/
- Virginia Department of Taxation: https://www.tax.virginia.gov/
If you want, provide basic facts (Did your mother leave a will? Where did she live in Virginia? Are there significant real estate holdings or contested heirs?) and I can outline the next concrete steps to take based on that situation.