Essential Virginia Probate Forms

If you’ve been named or appointed to serve as the personal representative of a deceased loved one’s estate, you will play a very important role in the probate process. Probate is the legal process that takes place after someone has died to determine how his or her debts will be paid and assets distributed.

Serving as the personal representative of a deceased loved one’s estate comes with a lot of responsibility. Add to this the fact that you must perform your duties when you are grieving the loss of your loved one the most.

To help you better understand the probate process and to prepare you to meet your fiduciary obligations as the personal representative, here is an overview of the process and the essential Virginia probate forms that you will need to complete and file.

The Five Stages of the Virginia Probate Process

There are essentially five stages in the Virginia probate process:

1. Opening the Probate Estate
2. Inventory
3. Paying debts and taxes
4. Distributing the remaining assets
5. Winding Up the Estate

Stage 1: Opening the Probate Estate

Opening a probate estate provides essential information to the court regarding your deceased loved one, the parties who have an interest in their estate, and the estate’s assets. It is important to note that Virginia does not have a separate probate court like many other states. Instead, probate in Virginia is handled by county circuit courts.

When you open an estate, the court will need the original will and proof that your loved one has actually died. The best evidence of this is a Death Certificate. However, if a death certificate has not yet been issued, the county may allow other evidence, such as a coroner’s report or newspaper obituary

Next, to be appointed as the representative of your loved ones estate you must file a Probate Tax Return Form. A tax imposed on the probate of every will or grant of administration on every estate that exceeds fifteen thousand dollars ($15,000). The state probate tax rate is 10¢ for every $100, or fraction thereof, of the value of the decedent’s estate. No one is permitted to qualify as executor or administrator until this tax is paid.

Furthermore, to open a Virginia probate estate, you will typically file a Probate Information Form to obtain a certificate of qualification that will allow you to handle your loved one’s financial accounts and to distribute the assets found in their estate. If you have been appointed to serve as the representative of your loved one estate, but choose not to serve, you may file a Waiver of Qualification as evidence of this fact.

Once you are qualified, however, you must send a Notice of Probate or Qualification to everyone who might have an interest in your loved one’s estate or the probate proceeding. Notice of probate must be sent within 30 days of qualifying or from the opening of probate.

After notice has been sent, you must confirm by filing an Affidavit of Notice of Probate or Qualification with the clerk of the circuit court’s office within 4 months from qualifying or the opening of probate. Furthermore, Virginia law requires you to file a List of Heirs to identify the legal heirs of your loved one’s estate as provided under Virginia’s intestate succession statutes.

Stage 2: Inventorying the Estate

At this stage, you and your attorney must prepare a specific form that the court calls an Inventory for Decedent’s Estate. This form will list all of the probate and non-probate assets in your deceased loved one’s estate.

An asset can essentially be thought of as anything your loved one owned at their death. The inventory form can be thought of as a snapshot of your loved one’s estate at the moment of their death.

This form must be filed with the Commissioner of Accounts for the county’s Circuit Court within 4 months of qualifying or the opening of probate. It will then become a part of the official estate file and a matter of public record.

Stage 3: Paying Debts and Taxes

In this stage, as the personal representative of the estate, you must review the validity of all claims against the estate and decide whether to pay, compromise, or disallow a creditor’s claim. These debts along with an estate tax must be paid with money from the estate. Because of how complicated an estate tax return can be, as well as its legal and financial implications, you are encouraged to enlist the help of an experienced accounting professional or an attorney with its preparation.

Stage 4: Distributing the Remaining Assets

After all of the estate’s debts and taxes have been paid, the executor must distribute the remaining assets to the decedent’s heirs and beneficiaries based on the instructions found in the decedent’s will. It is highly advisable to seek legal advice from a knowledgeable and experienced attorney before making any distributions from the estate account. It is extremely important that you get it right because fiduciaries may be held personally liable for any mistakes they might make, even if made inadvertently.

Stage 5: Winding Up the Estate

You must also file a completed Account for Decedent’s Estate with the court within 16 months of qualifying. This accounting form provides an overview of the estate administration for twelve months following the date of qualification, including:

• All probate assets that were identified as part of the estate;
• All receipts that came into the estate; and
• All disbursements made from the estate

The Account for Decedent’s Estate form is one of the most difficult forms the personal representative to complete and will often require the assistance of a qualified accountant or attorney. After you have filed the first accounting, additional accountings must be filed annually, culminating with a last and final accounting being filed once the estate has been completely liquidated.

How an Experienced Virginia Probate Attorney Can Help

Our qualified and experienced Virginia probate attorneys can guide you through the remaining duties that need you to perform as the personal representative of your deceased loved one’s estate. In doing so, we will relieve you of much of the stress involved, prevent any mistakes from being made, and minimize the overall cost of probating the estate.

We will also assist you in completing the necessary forms and making sure that your loved one’s estate is distributed efficiently and in accordance with their wishes. Contact us today to arrange a free consultation with an experienced Virginia probate attorney.

Contact Speedwell Law at (703) 553-2577 or use the contact form on our website.

The information on this site is for general informational purposes only. The information presented in this site is not legal advice or a legal opinion. You should seek the advice of legal counsel of your choice before acting upon any of the information in this site.