Virginia Probate Guide
Estate Administration
and Probate in Virginia
When someone dies, there are a lot of steps to take and decisions to be made, including handling funeral arrangements and notifying friends and family. One of the most important steps to take after the funeral or memorial ceremony is administering the estate of the person who died, according to applicable laws. For residents of Virginia or others who owned property in Virginia at the time of their death, Virginia laws provide the framework for settling the decedent's estate.
Here are answers to some of the most frequently-asked questions about probate and estate administration in Virginia.
Frequently Asked Questions
Answers to Common Questions About Virginia Probate
What is probate?
Probate is the process of "proving" the deceased person's will in court after their death. If someone died without a valid will, the probate process also handles estate administration and distribution according to Virginia law. During the probate process, the court will appoint someone as the executor or administrator for the decedent's estate, to administer and distribute the estate.
Is probate always necessary?
No. If probate assets are valued at no more than $50,000, the estate qualifies as a "small estate," meaning that a formal probate proceeding is not required.
Who is the executor or administrator, and what do they do?
If someone was nominated as the executor or administrator in the deceased person's will, they have priority for appointment by the court. If not, or if that person cannot serve, the court will appoint a nominated successor (if any) or an heir. The executor or administrator does not have to be a Virginia resident, but if that person does live out-of-state, a Virginia resident also has to be appointed as the "resident agent."
The executor or administrator must take an oath and give bond, providing assurance that they will faithfully perform their duties as required by law. The executor's or administrator's responsibilities are many, including:
- Taking inventory of and safeguarding the deceased's assets during administration
- Opening an estate bank account
- Paying valid debts
- Handling tax matters
- Providing ongoing accountings to beneficiaries and the court
- Distributing assets according to the will or, if there is none, Virginia laws
- Providing a final accounting at the end of the estate administration
What if the deceased owned real estate in Virginia?
If the deceased owned Virginia real estate at the time of their death, either individually or as "tenants in common," and there was no recorded transfer on death deed naming a beneficiary, then that real estate will become part of the probate estate. Unless granted authority to do so in the will or specifically authorized by the court, the executor or administrator does not have the authority to sell probated real estate.
If real estate is part of the estate, bringing in a realtor or other real estate expert with experience handling real estate probate matters can be invaluable in helping to ensure the process is handled correctly.
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Marc Cormier specializes in probate real estate sales across Virginia, Maryland, and Washington DC. Get a fair, no-obligation cash offer on the property today.
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The Virginia laws concerning the administration of estates contain more than 200 sections. Contacting an experienced estate and probate attorney can help you navigate through the maze of applicable laws.
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Marc Cormier has closed over 800 transactions in 27 years, with probate and distressed properties making up the core of his practice. He serves families and attorneys across Maryland, Virginia, and Washington DC, helping them navigate the probate real estate process from start to finish.
Whether you are an executor, administrator, heir, or attorney handling a Virginia probate estate, Marc brings decades of hands-on experience with court-approved sales, estate valuations, and the specific requirements of Virginia probate law.
More About MarcKey Credentials
- Seniors Real Estate Specialist (SRES)
- Certified Distressed Property Expert (CDPE)
- Certified Divorce Real Estate Expert (CDREE)
- Top 1% of Realtors Nationwide
- Over 800 transactions closed in 27 years
- Author of Amazon best-selling probate real estate guide
Legal Note
If family members disagree about legal rights or the administration of the estate, seek advice from competent legal counsel.
Legal Note
Court requirements vary depending on the circumstances of the estate. Consult your probate attorney for guidance.
Legal Disclaimer
The information in this guide is provided for educational purposes only and is not legal, tax, or financial advice. Probate laws vary, and every estate is different. Marc Cormier and Berkshire Hathaway HomeServices PenFed Realty are not acting as your attorneys or accountants. Before making legal decisions regarding an estate, consult with a competent Maryland probate attorney or other qualified professional familiar with your specific circumstances.
Free Probate Value Analysis
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Every Personal Representative needs a clear, defensible picture of the estate's most valuable asset before making decisions. The Probate Value Analysis™ gives you eight essential data points in one free consultation, with no obligation.
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Marc Cormier's Amazon best-selling probate real estate guide walks you through the entire process from start to finish, including court approval, executor duties, and sale of probate property. Download your free copy today.
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Whether you are an executor, administrator, or family member handling a Virginia probate estate, Marc can help you understand the process and move forward with confidence.
For Personal Representatives
How the Probate Value Analysis™ Helps You Make Informed Decisions
As Personal Representative, you carry a fiduciary duty to protect the value of the estate. Every decision you make about the property, whether to sell as-is, make repairs, or list on the open market, has financial consequences for the heirs and beneficiaries.
The Probate Value Analysis™ is designed to give you the complete picture before you commit to any path. Instead of guessing at the numbers or relying on a single data point, you get eight specific, actionable data points that cover every angle of the property's value and market position.
The analysis gives you a valuation you can present to the Orphans' Court and the Register of Wills with confidence, backed by a real in-person inspection and market data.
By comparing as-is value against after-improvement value, you can make an informed choice about whether repairs or staging will generate a strong return for the estate.
The analysis helps you explain the recommended strategy to all beneficiaries clearly, with documented reasoning they can understand and trust.
Making the right decision the first time saves months of court delays and prevents the property from sitting vacant, losing value while the estate carries holding costs.
Get Your Free Probate Value Analysis™
Marc Cormier provides this analysis as part of a free, no-obligation consultation. You get the full picture before you decide anything.
For Personal Representatives
How the Probate Value Analysis™ Helps You Make Informed Decisions
As Personal Representative, you carry a fiduciary duty to protect the value of the estate. Every decision you make about the property, whether to sell as-is, make repairs, or list on the open market, has financial consequences for the heirs and beneficiaries.
The Probate Value Analysis™ is designed to give you the complete picture before you commit to any path. Instead of guessing at the numbers or relying on a single data point, you get eight specific, actionable data points that cover every angle of the property's value and market position.
The analysis gives you a valuation you can present to the Orphans' Court and the Register of Wills with confidence, backed by a real in-person inspection and market data.
By comparing as-is value against after-improvement value, you can make an informed choice about whether repairs or staging will generate a strong return for the estate.
The analysis helps you explain the recommended strategy to all beneficiaries clearly, with documented reasoning they can understand and trust.
Making the right decision the first time saves months of court delays and prevents the property from sitting vacant, losing value while the estate carries holding costs.
Get Your Free Probate Value Analysis™
Marc Cormier provides this analysis as part of a free, no-obligation consultation. You get the full picture before you decide anything.