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Virginia's laws of intestate succession state that when a person dies leaving a spouse and children, one-third of the person's assets pass to the spouse and two-thirds of the person's assets pass to the children. If a person does not have any children, all of the assets pass to the spouse.

One way is to execute and fund a trust. If all of your assets are in a trust, they will pass through your trust instead of undergoing the probate process. Another way to avoid probate is to add beneficiary designations or ?transfer on death? or ?payable on death? designations on your bank accounts and other assets.

Given the various steps involved, the timeline for an executor to settle an estate in Virginia can range widely, usually from several months to over a year, depending on the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.

Common non-probate assets include: Life insurance proceeds or pension benefits payable to a named beneficiary. Assets such as a home owned with someone else in joint tenancy or tenancy by the entirety. Assets with a listed beneficiary outside of the deceased person's will such as an IRA or payable-on-death bank account.

Within 60 days after learning of an irrevocable trust's creation (or that a revocable trust has become irrevocable), notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the trust and the right to a trustee's report.

Most of the time, you will be required to go through the probate process in Virginia. However, there are exceptions to this rule. Even if the entire estate can't avoid probate altogether, certain assets may be excluded from the probate process.