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If you create and properly maintain a trust while you are alive, your estate will not have to go through probate in Virginia. You can set up a trust to own your assets while you are alive and then distribute them the way you want when you die.
Hear this out loud PauseReal Estate Affidavit for Intestate Estates This affidavit can be used to transfer title of the real estate to the heirs. The person filing the affidavit need not be the personal representative of the estate.
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.
What's Included in A Small Estate Affidavit? Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death. State that no application to appoint a personal representative has been granted.
Hear this out loud PauseUnder Virginia law, a ?small estate? is an estate with assets belonging to the decedent, or presently distributable to them, that have a value at death of $50,000 or less.
Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death.
Hear this out loud PauseWhile 64.2-601 (the Small Estate Affidavit) considers the total value of the probate estate, 64.2-602 looks at the value of each asset comprising the probate estate. If an individual asset is worth less than $25,000, an heir can access it without a Small Estate Affidavit and without formal probate proceedings.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.