• “What do I do with my husband’s (wife’s, mother’s, father’s, etc.) will after death?”
  • “Where do I take the will? Which court is responsible for probating wills and the administration of estates?”
  • “What do I do if the deceased had no will?”
  • “How much time do I have to start the probate process and how long does it take?”
  • “What do I need to take to the court?”

These are only a sampling of the questions one may have upon the loss of a loved one. The Virginia Court Clerks’ Association has developed this handout to provide answers to basic questions about probate and the administration of estates in Virginia. The laws of Virginia, as in all states, can be complicated regarding probate and estates. This guide is issued to present an overall view of the probate procedure.

Probate in Virginia (Administration of Estates General Overview)

NOTE: If you are administrating an estate, a good resource for any remaining questions you may have after reading through this guide would be the Commissioner of Accounts in your respective area. For larger and more complicated estates (for example, in the $250,000 and up range,) It is best to consult with a Certified Elder Law Attorney in this area. If you have questions, please contact us!

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