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Circuit Court Clerk's Office

Probate FAQs

  • What is probate?
  • Where should the will be probated or a personal representative qualified?
  • When should a will be probated or a person should seek to be qualified as an administrator of an estate?
  • How is the value of an estate determined?
  • Is the appointment of an executor or administrator always required?
  • Is probate necessary for estates that do not exceed $50,000 in value?
  • What if the only asset was a motor vehicle?
  • What happens with real estate?
  • What constitutes a valid will?
  • Who is appointed executor of the estate?
  • What if the named executor wishes to be removed as such after qualifying?
  • Why do I need to provide a List of Heirs even if they are not named in the will?
  • Who is appointed administrator if the person dies intestate (without a will)?
  • Who inherits the property of an intestate (person dying without a will)?
  • What happens if a named executor or administrator is an out-of-state resident?
  • What are the basic duties of an executor or administrator?
  • Does the personal representative need to set up a separate estate bank account?
  • What needs to be done if the estate may be insolvent?
  • How do you file a claim against an estate?
  • What taxes are there to be paid?
  • Is an executor or administrator compensated?
  • What is bond? What is surety?
  • After qualifying, if I have questions regarding my reporting responsibilities or when I am ready to close the estate whom do I contact?
  • Can the clerk’s office help someone write a will?
  • Where may a copy of a death certificate be obtained in Virginia?
  • Whom does one contact about estate taxes?
  • Can the Clerk’s Office recommend an attorney?
  • Is this all that I need to know about administering estates?
  • Where Can I Find Public Parking at the Judicial Center?

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