Probate is the court-supervised legal process of validating a deceased person’s will, settling their debts, and distributing their assets to beneficiaries. It can be, but not necessarily, a confusing procedure, and therefore something to consider when making estate plans and when seeking professional assistance from an attorney.
To help Jewish News readers understand probate, Judy Rosenblatt, a Commissioner of Accounts for the Virginia Beach Circuit Court, agreed to answer some questions concerning the process. In her role as Commissioner of Accounts, Rosenblatt supervises fiduciaries and audits accountings and other filings by administrators and executors of estates, trustees of trusts, and foreclosure trustees, among other proceedings.
Jewish News: What is the first thing the family needs to do?
Judy Rosenblatt: Find the will. If the will is not with the decedent’s other important papers, contact the bank or investment institution the decedent used or an attorney, if known.
JN: What is probate?
JR: “Probate” specifically refers to the act of submitting the will to the Clerk of the appropriate Circuit Court and “proving” with appropriate documentation or testimony from witnesses that the will is valid (that is, that it was signed and witnessed properly).
The term “probate” is also used in reference to the processes involved in qualifying as a personal representative and administering the decedent’s estate.
JN: How do you know if a will must be probated?
JR: Probating a will is not always necessary. For example, there may be no property that passes by will or the amount passing by will is less than $50,000.
Additionally, qualification is not necessary to transfer a motor vehicle title. In these circumstances, the will is probated and proved and recorded and nothing further is done. Other instances where formal qualification or administration may not be required are joint accounts with right of survivorship in banks, savings institutions, or credit unions.
The payment of life insurance proceeds, IRAs, retirement plan benefits, and other accounts or assets made payable to a specific person also do not need to be probated. The transfer of real estate to a surviving spouse also occurs outside of the estate.
JN: Where should the will be probated?
JR: The person who wants to qualify takes the original will and original codicils (if any), a certified death certificate, driver’s license or passport, and a personal check to the Clerk’s Office of the Circuit Court that has jurisdiction over the will.
Virginia does not have a separate probate court. The will should be probated in the Circuit Court of the city or county where the decedent resided or where the decedent owned real estate; or if none, where the decedent died or has any estate.
If the decedent died in a nursing home or similar institution, then that person’s residence is presumed to be where he or she resided prior to becoming a patient at such home.
JN: What types of reports are required by law?
JR: Notice of Probate: Within 30 days after probate and qualification, the personal representative sends a notice to the beneficiaries and heirs that the will has been probated.
Inventory: The personal representative files an inventory which lists all probate assets at their date-of-death values. This is done within four months.
Accountings: The personal representative files an accounting every year. The accounting details what has occurred in the estate since the last report and lists all assets of the estate, all distributions and ending assets which remain.
JN. Any other advice?
JR: All cities in Virginia have a good website to assist you as you go through this process. Both Norfolk Circuit Court and Virginia Beach Circuit Court have information online to assist you. Norfolk has a Probate Process Manual.