Administration of Estates

The Circuit Court Clerk's Office Probate Division handles the appointment of executors, administrators, trustees, guardians and conservators.
The Virginia Bar Association publishes A Guide to the Administration of Decedent’s Estates in Virginia that addresses many of the topics of interest to those settling an estate.  Note:  As of January 16, 2013 the guide had not been updated with revised code sections following Virginia’s recodification of its will and probate laws in 2012.
Virginia’s Judicial System website has a Fiduciary Forms section that contains many of the forms needed to qualify as executor, administrator, trustee, guardian or conservator. Print the Supreme Court’s revisable PDF forms by using the "Print for Submission to Court" button at the top of the form (rather than by using the print feature of your internet browser).  The Clerk’s Office cannot accept forms that have gray bars in any fields.
Please remember the Circuit Court Clerk's Office staff cannot give legal advice.
To assure quality assistance, appointments should be made to meet with a Probate Clerk by calling 804-365-6478.
Please notify the Circuit Court Clerk’s Office’s staff by e-mail to HanoverCC@courts.state.va.us, if you have a question or find that any of the links do not work.

Frequently Asked Questions Regarding Probate

What is probate?

Probate is the process of proving a will. This is often the first step in administration of an estate, followed by the appointment of an executor. In the absence of a will the process of estate administration is begun by appointing an estate administrator.
Once a will is admitted to probate the original is filed in the Clerk's Office and a copy is placed in the Will Book and made a part of the permanent public record.

Where do I go to probate a will or qualify as administrator?

In both cases one seeking to probate a will or to qualify as administrator must go to the Circuit Court Clerk's Office of the county or city in which the decedent resided at the time of death.
The Hanover County Clerk's Office is located at Hanover Courthouse on the 2nd floor of the Circuit Courthouse Building, 7507 Library Drive, Hanover, Virginia. To ensure quality assistance, appointments should be made to meet with a Probate Clerk by calling 804-365-6478. Hanover County Government Complex Map and Directions

If the decedent died while a patient in a nursing home do I have to go to the Clerk's Office in that locality if it's different from the locality where the decedent lived before becoming a patient?

Depending on the circumstances, if the decedent was a patient in a nursing home prior to death the legal place of residence for such person may be presumed to be the same as it was before becoming a patient. VA Code Section 64.2-443

What does dying "testate" and "intestate" mean?

A person dies testate if he left a will. A person dies intestate if he does not have a valid will at the time of death. If a person dies intestate, then the laws of the Commonwealth of Virginia, in effect at the time of death, determine who the heirs are and hence who receives the decedent's property. VA Code Section 64.2-200

Is the appointment of an executor or administrator and the formal administration of an estate always required?

It is always best to make the determination of whether or not to probate a will or qualify as administrator with the advice of a person who is knowledgeable about probate law.
The appointment of an executor or administrator is not always required. No formal administration is usually required when the estate is small (under the statutory amount) or for payment of small sums by certain governmental, occupational and banking agencies.

Is appointment of an executor or administrator required to transfer title to a motor vehicle where it's the only asset of the estate?

Qualification as executor or administrator or probate of a will may not be necessary simply to transfer a motor vehicle title.

Are there any other instances where the appointment of an administrator or executor may not be required?

Other instances where formal qualification or administration may not be required are cases of joint bank, savings and loan association or credit union accounts with right of survivorship.
In most cases the payment of life insurance proceeds to a named beneficiary and the transfer of real estate to a surviving spouse or other person where there are survivorship rights recited in a deed occur outside of the estate.

What should I bring to my probate appointment?

If the decedent died with a Will, bring the following with you to your appointment with the Probate Clerk:

• The original will.
• A certified copy of the death certificate.
• Witnesses to the will or depositions of witnesses, unless the will is self-proving.

If the will is self-proving, you do not need to bring the witnesses to the will or depositions of the witnesses. Note: If you are not sure if a will is self-proving, you may ask the Probate Clerk who is assigned to assist you prior to your meeting. Most wills prepared within the last twenty-five years in Virginia are self-proving.

• The approximate dollar value of the solely owned assets for both personal property (stocks, bonds, bank accounts, automobiles etc.) and the fair market value of real estate located in Virginia which must pass through probate.
• The names, ages and addresses of the heirs at law. The heirs at law are not necessarily the beneficiaries of the will. Heirs at law are determined by kinship to the deceased and are set by Virginia law. VA Code §64.2-200  
• If the executor named in the will does not wish to serve, he must submit a notarized letter to the Clerk's Office stating that fact. If the named executor is deceased, a death certificate is required.
• Cash, check, VISA or Mastercard to pay fees based in part on the amount of the estate.

Are there any additional requirements if I am an out of state resident and am named as executor of a will?

• A named executor residing outside of Virginia who wishes to be appointed as executor must bring a Virginia resident to the appointment with the Probate Clerk to either co-qualify or be designated as a registered agent. If you do not have a Virginian to co-qualify as executor there may be additional requirements; VA Code §64.2-1426governs which procedure to follow.

What do I bring to my appointment if the decedent left no will?

If the decedent left no will, bring the following with you to your appointment with the Probate Clerk:

• A certified copy of the death certificate.
• Names, ages, and addresses of heirs at law.  The heirs at law are determined by kinship to the deceased and are set by Virginia law. VA Code §64.2-200
• The person(s) having preference for appointment as administrator for an intestate estate can be found in VA Code §64.2-502.
• The approximate dollar value of the solely owned assets for both personal property (stocks, bonds, bank accounts, automobiles etc.) and the fair market value of real estate located in Virginia which must pass through probate.
• Cash, check, VISA or Mastercard to pay fees based in part on the amount of the estate.

Are there any additional requirements if I am an out of state resident and am named as administrator of an estate?

• A person residing outside of Virginia who wishes to be appointed as administrator must bring a Virginia resident to the appointment with the Probate Clerk to either co-qualify or be designated as a registered agent. If you do not have a Virginian co-qualify as administrator there may be other requirements; VA Code §64.2-1426governs which procedure to follow.

Where can I obtain the probate, guardianship, trustee forms that I need to complete prior to my appointment or after I qualify as executor or administrator?

• Many forms pertaining to administration of estates and guardianship can be found on Virginia's Judicial System Fiduciary Formsweb page. The forms may be filled in and printed for submission to the Court using Adobe Acrobat Reader®. Print the Supreme Court’s revisable PDF forms by using the "Print for Submission to Court" button at the top of the form (rather than by using the print feature of your internet browser).  The Clerk’s Office cannot accept forms that have gray bars in any fields.
• Your attorney may have forms that you can use. The Clerk's Office also has some of the forms.

  Effective
Jan. 16, 2013