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In Virginia, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

In Virginia, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

If a person dies without a will, then Virginia's probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned. Virginia doesn't have a separate probate court. All probate cases go through the county Circuit Courts.

How much does it cost? When you probate a will, you will be asked to estimate the value of the estate assets, including real and personal property, located in Virginia when the decedent died. For estates over $15,000, the Clerk will collect a probate tax based on a rate of 10 cents for every $100 of value.

However, Virginia courts recommend that the executor file for probate within 30 days of the testator's death. Once the executor files the will, the circuit court clerk will issue a probate order. At that point, the statute of limitations begins to run.

A: The certificate of qualification, sometimes referred to as letters testamentary, is the certificate that the personal representative receives from the Clerk at the time of qualification, which states that the person has qualified as executor or administrator and has authority to act on behalf of the estate.

Probate is necessary when a person dies leaving property in his or her own name (such as a house titled only in the name of the decedent) or having rights to receive property. No, Virginia does not have a separate estate tax. At the time of filing the will the probate tax must be paid.

If you die without a will in Virginia, the court will process your estate as intestate. This means that your estate will be divided according to Virginia law. ... If someone dies intestate (without a will) in Virginia, the state's succession laws will determine who inherits their property.

The tax is assessed at the rate of 10 cents per $100 on estates valued at more than $15,000, including the first $15,000 of assets. For example, the tax on an estate valued at $15,500 is $15.50. Localities may also impose a local probate tax equal to 1/3 of the state probate tax.

Contact the surrogate or probate court of the county where the deceased lived or owned real estate. ... Briefly review the values of the deceased's assets if you're not sure what the deceased owned. ... Go to the probate court. ... Complete the petition. ... Sign and date the petition. ... File the petition and pay the filing fee.

Administrator of an estate. The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will.

Administrator and Estate An administrator is an individual appointed to dispose of the assets of the estate, manage any creditors, and pay fees out of the estate for any required attorneys, appraisers or accountants.

An administrator usually oversees the estate of a person who died without a will. If there is a valid will but no executor because the only executor named in the will was removed or resigned, the court may appoint an administrator with powers of an executor instead. ... An administrator C.T.A.

Real property is often the main asset of an estate. The home may be sold during the probate process but only by someone with legal authority to manage the estate assets. The Personal Representative (executor) must be formally appointed by the Probate Court to have authority over estate assets.

An executor has a fiduciary duty to the estate. This means that an executor must put aside his or her own self-interest and act solely in the best interest of the estate. The first step to succeeding as an executor is qualifying. This should be done as soon after the decedent's death as possible.