[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Law Firm Name] [Attorney's Name] [Law Firm Address] [City, State, ZIP] Subject: Transmittal of Last Will and Testament of Decedent — [Decedent's Full Name] Dear [Attorney's Name], I am writing to transmit the original Last Will and Testament of my beloved [relationship to Decedent], [Decedent's Full Name], who passed away on [Date of Death]. As the nominated executor and acting personal representative, it is my responsibility to provide you with this essential legal document for proper probate administration. Please find enclosed the original Last Will and Testament executed by [Decedent's Full Name] on [Date of Execution]. The document is duly signed by the testator and meets all the legal requirements stipulated by the Commonwealth of Virginia. To provide you with an overview of the decedent's wishes, the Last Will and Testament includes the following key provisions: 1. Appointment of Executor: [Decedent's Full Name] appointed me, [Your Full Name], as the executor of their estate. I am prepared to fulfill all duties and responsibilities faithfully. 2. Distribution of Assets: The Will specifies detailed instructions regarding the distribution of the decedent's assets, including real estate, personal property, bank accounts, investments, and any other assets. 3. Bequests: [Decedent's Full Name] has made specific bequests to various beneficiaries, which are explicitly outlined in the Will. These include monetary gifts, sentimental items, and any other legacies. 4. Guardianship: If applicable, the Will designates guardianship for minor children and outlines instructions regarding their care and upbringing. 5. Debts and Taxes: The Will addresses the payment of outstanding debts, funeral expenses, and any potential estate taxes that may be due. In addition to the Last Will and Testament, I have also included the Death Certificate and any other necessary supporting documentation you may require to initiate the probate process. I kindly request that you review the enclosed document and guide me through the steps required to fulfill all legal obligations and ensure a smooth administration of the estate. If any additional information or documentation is needed, please inform me promptly, and I will provide it without delay. I trust in your professional expertise and experience in handling probate matters in Fairfax, Virginia. Your guidance and assistance will be invaluable in navigating the complexities of estate administration. Thank you for your attention to this matter. I look forward to hearing from you soon and scheduling a convenient time for a consultation or meeting. Yours sincerely, [Your Full Name]
Fairfax Virginia Sample Letter transmitting Last Will and Testament of Decedent
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FAQ
Letters testamentary are documents that a probate court delivers to the executor of the deceased's estate to enforce the terms of the deceased person's will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
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.
Once a will is submitted to a Virginia circuit court, it becomes a public record, which any person may obtain.
Essentially, a will should be filed, or go through probate, if: The decedent had a will and owned real property solely in his or her name. The decedent had a will and owned personal property solely in his or her name.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
Virginia has no separate probate court. The will should be probated in the circuit court in the county or city where the decedent resided at the time of death.
Length and Commitment of Process A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
Note: Virginia does not issue letters testamentary. A qualification certificate stamped with the seal of the Court is issued showing that an executor or administrator has been qualified, posted bond and has authority to act on behalf of the estate.
Virginia has no set time limit for settling an estate. You can take the time you need to grieve and get your affairs in order before you settle the estate. However, Virginia courts do generally recommend that you start the process within a week to 30 days after the funeral.
