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Closing an Estate in Virginia In order for the Commissioner of Accounts to allow an estate to be closed, the personal representative must produce a Final Account of the estate. The Final Account must show: All assets have been distributed to the beneficiaries and the balance of the account is zero.
Also, unlike most states, in Virginia there is no deadline for creditors to make claims against an estate other than the normal statute of limitations for a given debt.
With a small estate affidavit, an heir can usually claim bank accounts and other estate assets much faster and at far less cost than via probate. In Virginia, this process can only be used if the estate is not worth more than $50,000 and at least 60 days have passed since the death.
A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more.
Unless a contrary intent is clearly set out in the will, if no executor qualifies, or those qualifying die, resign, or are removed, an administrator with the will annexed has the power to sell or convey the real estate devised by the will to be sold and to receive the proceeds of sale or the rents and profits of any ...
The Estate Settlement Timeline: While Virginia law does not specify a concrete deadline for this, it's generally advisable to submit the will within a month to prevent unnecessary delays in the probate process.
Virginia Code § 64.2-508 (A-D) requires that a fiduciary give written notice of probate to certain individuals within 30 days of qualification. Within 4 months of qualification, a fiduciary must file an affidavit with the Probate Department confirming that said notice(s) were sent.
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.