When a loved one passes away, legal matters are the last thing you want to think about. But you may need to probate their will, so property can pass to the appropriate beneficiaries.
Probate in Virginia doesn’t have to be hard. In fact, if your loved one left behind an orderly will, probating the will is rather simple.
The easy way to probate a will in Virginia is with an ex parte proceeding. If the will is “self-proving,” you can simply present it to the appropriate court clerk for probate. A self-proving will contains an affidavit at the end that automatically testifies that the will was executed properly.
If the will isn’t self-proving, the will’s witnesses need to testify for the court that the will was properly executed.
Once you have taken care of this, the will is probated. For harmonious estates, this process speeds along the administration. You don’t even need the judge to handle this type of probate, just the clerk.
Importantly, remember that probating the will is not the entire estate administration process. Probating the will simply opens the estate for administration, at which point the executor can proceed to administer the estate.
{ 3 comments… read them below or add one }
I am in need of a probate lawyer. My father’s sister just passed, which she has no spouse and only two step kids. No will was found. The step children are claiming all rights to her property. Yet, the step children never lived or visited my aunt. We just want to make sure our father is treated fairly. My father is not in the best of health and requested that I assist in this matter. My aunt passed July 3, 2009.
My father lives in Spotsylvania, Va. My father would like to be the administrator of the estate.
@wayne – I will email you about this privately.
My biological father passed away in Stafford, Va. in 2007 and is buried in Quantico National Cemetery. His widow has now put thier home up for sale. I am unsure about Virginia laws. Am I entitled as an heir to any of his estate?