In order to probate (put to record) a will and to
qualify an executor or administrator of a decedent's
estate, you must
appear in the Circuit Court Clerk's Office in the County in which the
decedent resided
at the time of death. Probate matters are normally
handled by appointment. Appointments generally
last approximately 45
minutes to an hour.
If you have access to a fax machine and a will exists, please fax the
will and death certificate to the attention of the Circuit Court Clerk's
Office's Probate Division at 804-717-6797. Include a cover sheet that
contains contact information so that a staff member may contact you as
soon as possible after reviewing the will.
DO NOT write on the will itself.
If you do not have access to a fax machine and/or if there was no will,
please call the Probate Division
of the Clerk's Office at (804) 748-1241.
If a will exists, please have it in hand when contacting the
Clerk's
Office so that certain legal requirements can be confirmed over the telephone.
It is important to keep in mind that the personal representative (executor
or administrator) of an estate is charged by law with numerous responsibilities.
It is the legal obligation of the personal representative
to fully understand
and discharge his/her required duties. Further details may be obtained
from the Chesterfield Circuit Court Clerk and Chesterfield County's Commissioner
of Accounts. The telephone
numbers and address for same are listed at
the end of this section. Your attorney and accountant can provide assistance
as well.
Many forms relating to estate matters are made available through the
web site of the Supreme Court of Virginia at www.courts.state.va.us.
Chesterfield's Circuit Court Clerk provides this information as
an aid to the general public in understanding the basic procedures
involved in probate and the administration of estates. This guide is
not intended to be inclusive, as the laws in Virginia regarding probate
and estate administration are complex and subject to change. Furthermore,
this information is not intended to take the place of legal counsel
provided by an attorney.
• How do I determine where to probate the will or qualify
as personal representative? Jurisdiction is determined
by the last place of residence prior to death. If the decedent was
in a nursing home at the time of death, jurisdiction is determined
based on the residence occupied before the decedent became a resident
of the nursing home.
• How do I decide whether or not I should probate a will
or qualify as Executor or Administrator of an estate ? There
are several reasons why a will should be probated (or recorded).
The three basic reasons are:
• There may be assets that need to be administered by
a personal representative (i.e., assets in the decedent's name alone,
not held jointly with a right of survivorship)
• The decedent may have owned real estate in Chesterfield
or elsewhere, either alone or jointly with someone.**
• The will, once probated, would become a matter of public
record, thereby serving as a formal genealogical link to the decedent's
family.
If the decedent died with a will, the personal representative is strongly
advised to record the will in the Circuit Court Clerk's Office, even
if qualification is not necessary. By recording the will, it becomes
a permanent record available for review by all family members as well
as potential beneficiaries and creditors. Furthermore, if additional
assets are discovered which require the personal representative to qualify,
the process of recording the will will have already been accomplished.
**If the decedent died without a will and held only real estate at the
time of his/her death, the real estate passes to the heirs at law in
accordance with the laws of intestate distribution. Although qualification
is not necessary under these circumstances, it is necessary to file a List
of Heirs/Real Estate Affidavit (form CC-1612) in order for
the Tax Assessor's records to be properly updated and to reflect the
intestate transfer of property in the Court's land records.
• What
should I do if I need to probate a will and/or qualify as personal representative
(Executor/Administrator) of an estate? Call
the Circuit Court Clerk's Office and schedule an appointment. If
the decedent had a will, have the original will
with you when you call to make the appointment. The Clerk or Deputy
Clerk with whom you speak will ask you a few questions regarding
the execution (signing) of the will and the decedent's wishes regarding
qualification of a personal representative.
• How do I estimate the estate value? Include
all property (real and personal) that was in the decedent's name alone
at the time of his/her death. Do not include property held jointly with
a right of survivorship or property payable to a named beneficiary (e.g.,
life insurance policies with a named beneficiary). Include tangible personal
property as well as intangible assets (e.g., stocks, bonds, etc.). Estimate
the fair market value of the assets as of the decedent's date of death.
DO NOT DEDUCT debts owed, loans, or mortgage amounts. Compute separate
totals for personal property and real property.
• What is bond? What is surety? A bond is
a written promise that one will faithfully perform his/her duties as
Executor or Administrator. The bond is set at an amount greater than
the estate value and is payable to the Commonwealth of Virginia. A bond
issued on behalf of an estate ensures that the person appointed as Administrator
or Executor properly administers the assets of the estate. This, in turn,
safeguards the interests of creditors, heirs, beneficiaries and the Commonwealth
as their interests relate to the estate. If neither the will nor Virginia
law waive surety on a bond, surety will need to be posted on the bond.
Surety has the effect of insuring the bond, should it become payable.
Most often, surety or security is obtained through a bonding company.
The company must have the authority to execute bonds in this Court. A
premium proportionate to the value of the estate is paid to the bonding
company.
• How do I arrange for surety? If it is determined
that surety on a bond is required, a bonding company should be contacted
to act as surety. A listing of bonding and/or insurance companies that
provide for fiduciary bonds may be found in the local telephone directory.
• What fees, taxes, and costs will I need to pay upon probate
or qualification?
| State probate tax |
($.001 x value of probate assets) |
| Recordation of will |
$16.00 up to 10 pages (including the Clerk's Order - testate
only) |
| Recordation of list of heirs |
$16.00 (testate and intestate) |
| Transfer fee $1.00/parcel |
(only if real estate involved) |
| Clerk's fee Sliding scale |
(maximum $30) |
| Certificate of qualification |
$2.00 each ( one included in base fee) |
• What should I bring with me to a probate
appointment?
TESTATE (with a will) : |
INTESTATE (without a will) : |
| original will- copy not acceptable; |
certified copy of death certificate |
| certified copy of death certificate; |
approx. dollar value of probate assets |
witnesses to will or depositions
of
witnesses, if not self-proving; |
names, ages and addresses of heirs at law |
approx. dollar value of probate
assets |
if within 30 days from date of death, consent of all heirs at
law who do not wish to qualify |
names, ages and addresses
of heirs at law |
cash or check to pay fees |
notarized renunciation of executor
named in will who does not
wish
to serve (if applicable) |
|
| cash or check to pay fees |
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• Definitions: (Source: VCCA Probate and Estate Administration
Manual )
Executor - The person named in the decedent's will to administer the
estate who accepts appointment by qualifying before the Clerk.
Administrator - The person appointed by and qualified before the Clerk
to administer the [intestate] decedent's estate.
Trustee - Person holding property in trust. One in whom an estate, interest
or power is vested.
Decedent - The deceased person.
Heirs - Persons who would inherit the decedent's estate if the decedent
died without a will.
Beneficiary - The person or organization entitled to receive a portion
of the estate.
Fiduciary - A person in a position of trust with respect to another's
property; a general term used to refer to an executor, administrator
or trustee.
Self-Proving - Acknowledgement of the testator and the affidavits of
attesting witnesses, made before an officer authorized to administer
oaths.
Qualification - Procedure whereby a person is appointed by the Clerk
to serve as executor or administrator of a decedent's estate.
Testate - Dying with a will.
Intestate - Dying without a will.
Certificate of Qualification - (Also called Letters of Testamentary)
Formal instrument of authority and appointment given to a fiduciary by
the proper court, empowering him or her to act in the capacity of a fiduciary.
• Whom should I contact if I have questions or if I need
to make an appointment for probate and/or qualification?
Judy L. Worthington, Clerk
Chesterfield Circuit Court
P. O. Box 125
Chesterfield, VA 23832
(804) 748-1241 (Ask the Receptionist to direct
you to the Probate Division)
• After qualifying, whom should I contact if I have questions
regarding my reporting responsibilities? Whom should I contact when
I am ready to close the estate?
Commissioner of Accounts
Bryan K. Selz, Esq.
Mailing address:
P.O. Box 998
Chesterfield, VA 23832
Physical address:
9512 Ironbridge Road,
Suite 102
Chesterfield, VA 23832
(804) 796-4891 phone
(804) 796-4892 fax
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(The Commissioner of Accounts is an attorney commissioned
by the Circuit Court Judges to oversee the actions of fiduciaries
and is responsible for reviewing and approving inventories and
accountings.)
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