Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Virginia, probate involves validating a will, identifying assets and debts, paying liabilities, and distributing property under the Virginia Probate Code. Gathering key information and documents before a loved one’s passing can minimize delays and reduce court costs. Below are the primary categories of records to compile:
1. Estate Planning Documents
- Original Will: Ensure it meets execution requirements under VA Code § 64.2-401 (link).
- Trust Agreements: Revocable or irrevocable trust documents and amendments.
- Powers of Attorney: Durable financial and medical powers as authorized by VA Code § 64.2-1600 (link).
- Advance Medical Directive: Living will and healthcare proxy forms.
2. Personal Identification
- Full legal name, Social Security number, date of birth.
- Marriage certificate, divorce decree, children’s birth certificates.
- Military discharge papers (DD214), if applicable.
3. Financial and Asset Records
- Bank and investment account statements with account numbers.
- Real estate deeds, mortgage documents, property tax records.
- Business ownership records: operating agreements, stock certificates.
- Retirement account statements (IRAs, 401(k)s, pensions).
4. Insurance and Benefits
- Life insurance policies showing beneficiary designations.
- Long-term care or disability insurance details.
- Social Security award letters, VA benefits, and pension statements.
5. Debts and Liabilities
- Credit card statements.
- Loan agreements (auto, student, personal).
- Utility bills and medical statements.
6. Digital Assets and Access
- Usernames and passwords for email, social media, online accounts.
- Digital currency wallet information.
- Cloud storage and subscription service credentials.
7. Funeral and End-of-Life Directions
- Prepaid funeral contracts, burial or cremation plots.
- Written funeral or memorial service preferences.
- Obituary draft or publication wishes.
Helpful Hints
- Store original documents in a fireproof safe or safe deposit box.
- Share certified copies with a trusted family member or designated agent.
- Keep a centralized, up-to-date inventory of assets and liabilities.
- Review and update records after major life events (marriage, divorce, birth).
- Consult a qualified Virginia attorney for complex estates or blended families.