The will should be probated in the circuit court in the county or city where the decedent resided at the time of death. If the decedent had no known place of residence, the will should be probated where the decedent owned any real estate, or if none, where the decedent died or has any estate.

The probate of the will can usually wait until a week or so after the funeral. It is recommended that the initial steps in the estate process start within 30 days after death. If any questions exist, call your attorney or your local Circuit Court Clerk's Office.

Probating a copy of a will in Virginia requires an additional step – a petition must be be filed in the Circuit Court where the decedent last lived (unless they were in a nursing home, then other rules may apply) asking that the Court accept the copy as the original will.

If there's a will without a named executor, the court will issue a Letter of Testamentary; if there's no will, the court will issue a Letter of Administration. Present either of these letters to the bank along with the death certificate to close the account.

Estate or Probate Attorney. Anyone who needs assistance in navigating the probate process would be well-advised to consult with a knowledgeable attorney experienced in estates and probate administration.

State laws typically govern the specific timeframe for keeping an estate open after death, but the average is about two years. The duration an estate remains open depends on how fast it goes through the probate process, how quickly the executor can fulfill their responsibilities, and the complexity of the estate.

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