Handling their will can be daunting and emotional when a loved one passes away. The process involves legal complexities that are covered by Virginia laws and procedures governing how to manage a deceased person’s will. Knowledge of these laws can help the next of kin confidently navigate this sensitive time.
In Virginia, the next of kin is usually responsible for locating and managing the deceased’s will. Understanding what to do with this vital document can significantly ease the probate process, ensuring the deceased’s final wishes are honored.
Locating the will
The first task for the next of kin is locating the will. It may be at the person’s home, with an attorney or in a safety deposit box. Once found, the will must be submitted to the Circuit Court in the jurisdiction where the deceased lived. This is done by the next of kin unless the decedent named an executor in the will.
Dying intestate
It’s possible that a loved one didn’t have a will when they passed away. In this case, the estate is handled in accordance with the state’s succession laws, which dictate who receives the assets. This is often difficult for family members because the family has no control over who gets what
The value of the estate can play a role in what happens during probate. Working closely with someone who understands the ins and outs of probate in Virginia can make this process a bit easier. Avoiding mistakes is crucial because any mistake can cost the estate money and take more time.