Andrew Flusche, Fredericksburg Lawyer

Probate in Virginia refers to the processing of proving a will as the valid and authentic last will and testament of the deceased person. Once the will is probated, the estate’s executor can proceed with settling the estate by paying debts and beneficiaries.

You probate the decedent’s will in the Circuit Court for the city or county where the decedent lived at his/her death. Virginia Code § 64.1-75 explains:

The circuit courts of the Commonwealth, and the clerks of such courts, and the duly qualified deputies of such clerks, and the clerks of all other courts having jurisdiction of the probate of wills, shall have such jurisdiction according to the following rules: In the county or city wherein the decedent has a mansion house or known place of residence….

Virginia allows the court clerks to handle most of the probate duties, to help alleviate the burden on judges. This is authorized in § 64.1-77:

The clerk of any court, having jurisdiction of the probate of wills, within their respective territorial jurisdictions as defined by law, or any duly qualified deputy of any such clerks, may appoint appraisers of estates of decedents, admit wills to probate, appoint and qualify executors, administrators and curators of decedents, and require and take from them the necessary bonds in the same manner and with like effect as the court could do if in session. …

To probate a will and begin the administration process, you will need the original will and a copy of the death certificate. You can then contact an experienced estate planning lawyer to assist you with the process.

Free consultation. Call Andrew: 540.318.5824