Does a will have to be probated in Virginia?

Does a will have to be probated in Virginia?

Probate isn’t always required after someone dies; it depends on what assets the decedent owned. Virginia doesn’t have a separate probate court. However, any person interested in the will may appeal to the judge within six months of the order of the clerk admitting a will to probate.

What happens if you die in Virginia without a will?

If you die without a will in Virginia, Virginia law essentially creates a will for you. This is commonly referred to as intestate succession [read as “where your assets go if you don’t have a will”]. During this process, the Commonwealth will dictate, by law, to whom your assets go upon your death.

Do all wills have to be filed?

There is no requirement to file your will with a court during your lifetime. In fact, many people simply keep the document in a safe place and do not file it while they are still alive. However, if you choose to file the paperwork prior to your death, the probate court stores it for safekeeping.

How much is an executor paid in Virginia?

Compensation for an executor in Virginia is the sole discretion of the court which has jurisdiction over the estate. As a general guideline, an executor is entitled to whatever fee is fixed by the will. Where a specific fee was not fixed, the courts have considered reasonable a fee equal to 5% of the assets.