Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Virginia for guidance on opening an estate proceeding.
Detailed Answer
When a person dies in Virginia without an existing probate case, you must open a new estate proceeding in the circuit court of the decedent’s residence. Whether the decedent left a will (testate) or did not leave a will (intestate), the basic steps are:
- Confirm Venue. File in the Circuit Court of the county or city where the decedent lived. See Va. Code § 64.2-501.
- Determine Testacy.
- Testate: You must file a petition for probate of the decedent’s will and request Letters Testamentary.
- Intestate: You must file a petition for administration and request Letters of Administration.
- Prepare and File the Petition. The petition should include:
- Decedent’s full name and date of death.
- Approximate value of the estate.
- Names and addresses of heirs or beneficiaries.
Submit the original will if it exists and a certified copy of the death certificate.
- Pay Court Fees. The clerk’s office charges a filing fee. Check the local fee schedule before filing.
- Take the Oath and Post Bond (if required).
- The personal representative (executor or administrator) must swear an oath to faithfully perform duties.
- If the will does not waive bond, the court will set a bond amount. See Va. Code § 64.2-507.
- Provide Notice. The court issues a citation notifying known heirs or beneficiaries. This offers an opportunity to contest the probate or administration.
- Attend the Hearing. At the hearing, the judge reviews the petition. If all requirements are met and no valid contests arise, the court admits the will (if any) and grants letters.
- Inventory and Accounting. Within four months after appointment, the personal representative must file an inventory and account of estate assets. See Va. Code § 64.2-980.
Helpful Hints
- Gather essential documents—death certificate, bank statements, deeds—before you visit the courthouse.
- Review the decedent’s will carefully for any bond waivers or special instructions.
- Notify all heirs and beneficiaries promptly to reduce the risk of disputes.
- Keep detailed records of all estate transactions and communications.
- Consult a probate attorney if substantial assets, real estate, or contested issues arise.