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Probate is the procedure where a Will is admitted to record in the Probate Division of the Clerk’s Office of the Circuit Court and/or Probate is the process of appointing and qualifying a person as Executor or Administrator of an estate. Probate can also be defined as the entire process of administering an estate. There are two types of Probate, probate with qualification and probate without qualification.
The procedure when an individual is formally qualified as an Executor or an Administrator in order to have the legal authority to administer a decedent’s estate.
When a Will (if testate estate) or a list of heirs (if intestate estate) is admitted to record, with NO formal qualification of an Executor or Administrator.
Primarily, probate should be held in the jurisdiction in which the decedent last resided. However, Probate may be done where the decedent owned real estate, or where he/she died, or where he/she owned any estate. You may contact the Probate Clerk to help you determine what jurisdiction Probate needs to be conducted in.
To obtain the legal authority to administer the estate if the decedent had either (or both) of the following:
Also, probate may be necessary in order to file a wrongful death suit or to continue a pending suit.
Probate may not be necessary in this case. Please contact the Department of Motor Vehicles (DMV) at 804-497-7100 or your local DMV for further instructions.
No. The Clerk's Office does not hold wills for safekeeping. If the will was filed in the Loudoun County Courthouse prior to October 1997, and it has not been removed, then it is still being held for safekeeping in the Probate Office.
You must provide the Probate Clerk with a death certificate. You must also provide proper identification. The Probate Clerk will review the secured will to determine who the nominated Executor is. If your identification matches the nominated Executor named in the will, the secured will may be released into your possession. You must contact a probate clerk to be sure they are available to retrieve the will.
Please note: Once a will is removed from safekeeping by a Probate Clerk, it will not be accepted again for safekeeping.
If an estate consists of personal assets not totaling more than $25,000, and 60 days have passed since the date of death and no Personal Representative has qualified in any jurisdiction, a small estate affidavit may be issued to the heirs at law when there is no will, or to the beneficiaries of a will once the will and/or the list of heirs at law have been recorded. An appointment with the probate department is necessary for this procedure. A certified copy of the death certificate is also required.
View more information on obtaining a copy of a death certificate (PDF) in Virginia.
Contact the Virginia Department of Taxation at 804-367-8031. For federal estate tax questions contact the Internal Revenue Service at 800-829-3676
When you apply to open an account for an estate or a trust at any financial institute, you will be asked for the taxpayer identification number. The IRS issues taxpayer identification numbers. You must complete an SS-4 form. To obtain a taxpayer identification number, the preferred method of the IRS is as follows:
Claims can be filed at the Commissioner of Accounts Office. Be sure to include the appropriate fee when filing your claim.
Mail the completed Claim Form (PDF) to the:
Commissioner of Accounts Office4 Cornwall Street, NELeesburg, VA 20176