The Administration of Estates

The purpose of this pamphlet is to better inform the general public of procedural matters involved in the administration of estates. Nothing contained herein is intended to advise anyone as to legal remedies for a particular circumstance. The Clerk cannot render legal advice. It is hoped, however, that the information herein contained will prove to be of use to the reader in answering general "when, where, why and how" questions. Specific procedural questions may be answered by calling the Clerk's Office at 434-799-5168. If you have a problem involving substantive legal interpretation it is suggested that you contact an attorney licensed in the Commonwealth of Virginia.

Sincerely,

Gerald A. Gibson
Clerk of Circuit Court

Q. Who has jurisdiction to qualify persons as representatives on a decedent's estate?
A. Circuit Courts and the Clerks and Deputies of said Courts.

Q. Where should I go to qualify as a personal representative on someone's estate?
A. To the Clerk's Office of the jurisdiction:

1. as a general rule, where the decedent was last known to reside, if none, then
2. where the decedent owned real estate, if none, then
3. where the decedent died or had any estate. The Clerk's Office in the City of Danville is located on the third floor of the Courts and Jail Building, 401 Patton Street.

Q. Who has the right to qualify as a representative on a will?
A. The person(s) named as Executor in the will. If that person is not a resident of Virginia, a Virginia resident may have to be named to accept service of process.

Q. What if no person is so named or there is not a will?
A. Then the surviving spouse has the first right to qualify, followed by the other natural distributees (children, parents, etc). Anyone having an interest in the estate (e.g. creditor) may qualify if no natural distributee applies within thirty days.

Q. Is it always necessary to have someone qualify on a decedent's estate?
A. No. It is possible that qualification of a personal representative may be unnecessary if the estate consists solely of:     

1. Real estate held with full rights of survivorship. An example would be when a husband and wife own their home jointly, with full rights of survivorship, that is, when the surviving spouse would automatically inherit the other's half interest. (However, this may not eliminate estate tax filing requirements.) You should discuss this with your accountant or tax advisor or attorney.
2. Joint bank accounts (checking or savings).
3. Insurance or bonds payable directly to a living beneficiary.

Q. What information must I have with me at the time of qualification?
A.

1. Full name of decedent, age, address, place and date of death, marital status, approximate value of real estate in Virginia, approximate value of tangible personal property (furniture, livestock, machinery vehicles, etc.) and value of intangible personal property (cash, checking, savings accounts, stocks, bonds, etc.).
2. Certified copy of Death Certificate.

Q. What must the personal representative do to have a will admitted to probate?
A. 
 Present the will to the Clerk for proof (if there is not a self-proving clause in the will), either by the testimony of the subscribing witnesses (two, if possible) or two disinterested persons in the case of a holographic handwritten) will.

1. Arrange for surety (security) on the bond unless surety is waived by law or the will itself.
2. Furnish a list of heirs-names, degree of kinship, addresses and whether or not over the age of eighteen years.

Q. How much does it cost to have the will probated, recorded, and qualify on an estate?
A.

• State probate tax is 10 cents and local tax is .333 cents for $100.00 of value of estate at the time of death.
• Recording fee of $32.00 plus additional fees for pages in excess of ten (10).
• Qualification fee based on value of estate.