Introduction


     When a loved one passes away, the probate process ensures that their estate is properly administered under Virginia law. Probate is overseen by the Clerk’s Office in the county where the decedent lived at the time of death. For families in Henrico County, the Circuit Court Clerk’s Office manages the qualification of executors, administrators, and guardians, as well as the probate of wills. Probate appointments must be scheduled in advance, and preparation is essential. Having the correct documents and information ready will streamline the process and prevent unnecessary delays.


What to Expect at a Probate Appointment


     The Clerk’s Office will review the will (if one exists), qualify an executor or administrator, and issue the necessary authority for the estate’s administration. Appointments typically last about an hour. Probate fees and fiduciary bonds may apply depending on the estate’s value. Executors and administrators are considered fiduciaries under Virginia law, which means they are legally responsible for safeguarding the estate’s assets, paying debts and taxes, and distributing property to beneficiaries.


What to Bring to a Probate Appointment


     To qualify as an executor or administrator, the applicant should be prepared to provide:


1. The original will and any codicils (not copies).
2. A certified copy of the death certificate.
3. Photo ID.
4. Names, addresses, and ages of all heirs at law (those who would inherit under Virginia’s
intestacy statutes, even if a will exists).
5. Approximate value of the decedent’s assets, including personal property (bank accounts,
vehicles, investments, etc.) and real estate requiring probate.
6. Payment for probate fees, which can typically be made by cash, check, or card.
7. If the will is not self-proving, witnesses to the will or depositions from the witnesses may
be required.
8. If there is a named executor who does not wish to serve, a notarized written refusal or
Waiver of Qualification must be provided.
9. If the executor is incapacitated, a physician’s letter confirming incapacity.
10. Contact information for heirs, attorneys, or sureties (if a fiduciary bond is required).

Information Needed from the Probate Application


     The probate appointment application form requires specific information about both the applicant and the decedent, including:


● Applicant’s name, address, phone number, relationship to the decedent, and whether they
have any felony convictions.
● Decedent’s name, address at time of death, date of birth, date of death, marital status, and
whether a will exists.
● Estimated value of the decedent’s personal property and real estate.
● Complete list of heirs at law, with names, addresses, relationships to the decedent, and
whether each is over 18.


     Providing this information in advance will allow the probate clerk to prepare the necessary qualification paperwork and ensure the process runs smoothly.


Smith Strong Can Help


     The probate process can be overwhelming during a difficult time. At Smith Strong, PLC, our attorneys guide families through each step, from preparing the required forms to advising executors on their fiduciary duties. If you have recently lost a loved one and need assistance with probate in Virginia, contact our Richmond office at (804) 325-1245 or our Williamsburg office at (757) 941-4298 to schedule a consultation.