Probate is the official proving of a will as the authentic and valid last will and testament of a deceased person by admitting the document to record in the appropriate Clerk's Office. The term is also used to include the process of qualifying a person as an executor of a will or administrator of an intestate estate (estate to be administered when there is no will).

Probate of a decedent's estate should take place in the City or County where the deceased person resided at his death. 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 institution.

It becomes necessary to probate an estate when the decedent owns assets (personal or real estate) solely in his name, i.e., assets which do not have a joint or co-owner with rights of survivorship.

A person dies testate if they left a valid will. One dies intestate if the deceased person does not have a valid will at the time of death.

If someone dies without a will (intestate) in Pittsylvania County, their assets and estates are distributed as follows: 

• First all assets pass to the surviving spouse, unless there are children (or their descendants) of someone other than with the surviving spouse, in which case, one-third passes to the surviving spouse and the remaining two-thirds is divided among all children.
• If no surviving spouse, all assets pass to the children and their descendants.
• If no surviving spouse, children, or descendants, then all assets pass to the deceased's father and mother, or the survivor.
• If no surviving spouse, children, descendants, or parents, than the estate passes to the deceased's brothers and sisters or their descendants.
• There are further contingent beneficiaries set out in the Virginia statutes. (VA Code §64.2-200, as amended.)

The appointment of an executor or administrator is not always required. No formal administration is usually required when the estate is small (under statutory amount) and for payment of small sums by certain government, occupational and banking agencies.

Additionally, qualification is not necessary to transfer a motor vehicle title. In these circumstances, the will is probated and nothing further is required. Other instances where formal qualification or administration may not be required are the cases of joint accounts with rights of survivorship in banks, savings and loan associations or credit unions.

In most cases, the payment of life insurance proceeds to a named beneficiary and the transfer of real estate to a surviving spouse or other person where there were survivorship rights in the deed occur outside the estate.

There is no set time frame in which a will must be probated or an estate administered. The death of a loved one is a particularly emotional, stressful and busy time. The probate of the will can usually wait until a week or so after the funeral. It is recommended that the initial steps in the estate process start within 30 days after death. If any questions exist, call your attorney or the Circuit Court Clerk's Office.

The duties begin with taking possession of the deceased person's property over which the fiduciary (executor or administrator) has control. The fiduciary must determine the assets and liabilities of the estate. The payments of debts, and then, according to the direction of the will and the laws of the State of Virginia, the sale of or distribution of the property must be accomplished. The fiduciary must also give written notice of qualification or probate to the heirs and beneficiaries of the estate within 30 days after qualification.

Generally, the fiduciary must file a complete inventory of the assets in the estate within four months of qualification with the Commissioner of Accounts (a local person appointed by the Circuit Court to oversee and ensure that estates are properly handled.) Finally, the fiduciary must make an accounting with the Commissioner of Accounts on a yearly basis until a final accounting can be made. Often, a first and final accounting can be made at the conclusion of the first year following qualification.