(A.) Checklist Of What To Do When A Loved One Dies (Step 1)
When a loved one passes away, it is an understandably stressful time. It can be even more stressful and/or traumatic trying to remember all of the details that must be taken care of related to a person's death when you are in the process of grieving. If you are in charge of handling the affairs of the person who has passed, click on the above link to the list which goes over some of the more important things to consider during this initial time period.
(B.) Clerk's Office Guide to Probate (Step 2)
“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! It can certainly feel overwhelming, to say the least.
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 available at the above link is issued to present an overall view of the probate procedure so you have an idea on what to expect. Further details may be obtained from the Clerk of the Circuit Court, Commissioner of Accounts or your attorney, once retained.
The Probate process can feel overwhelming at first, but can be done in a straight-forward manner once one is aware of the responsibilities and duties! Be sure to check out our Probate/Estate Administration page for additional information, which also includes a link to Step 3: a more in-depth and official Guide to Administration of a Decedent's Estate in Virginia.
NOTE: If you are administrating an estate, a good resource for any remaining questions you may have after reading through these various materials would be the Commissioner of Accounts in your respective area. However, for larger and more complicated estates (for example, in the $250,000 and up range,) It is best to consult with an elder law attorney whose office is experienced in this area. If you have questions, please contact us!