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Division of the assets of a deceased individual follows a particular procedure, as per the directives of the state. The Commonwealth of Virginia is no exception. The probate process, i.e. the official authentication of the will, involves certain legalities. It is always better if you can avail help from probate attorneys to deal with the issue.
Here are a few of the common questions that come up with regard to the process.
Where do you initiate the probate process? As Virginia does not have a separate probate court, the right place to go to is the Circuit Court. This needs to be of the city/county of residence of the deceased/where he/she had real estate property/where he/she died. The process takes place at the Norfolk Circuit Court for all decedents residing/owning property/dying in the city.
What if there is no will? Well, if a person dies intestate, i.e. without a will, Virginia laws determine the descendants who inherit the property. The surviving spouse gets the property; he/she has to share it if the deceased has children from earlier marriages. The next in the order are the children, the parents, siblings, or the next in kin.
When do you initiate the process? There is no time limit to this. Get in touch with one of the probate attorneys in your city and discuss the details. It is best if you could initiate the proceeding within 30 days of the individual’s death.
What do you need to bring to the court? When you go to meet the Clerk of the court, be sure to take the original copy of the will, the individual’s death certificate and a list of the assets along with their value.
Do you need an attorney? Whether there is a will or not, and whether the estate requires an administrator or not, it involves complex laws. Therefore, you need the help of Norfolk probate attorneys in this matter. They can help you throughout the process with ease and efficiency.
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