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Checklist estate planning in virginia4/11/2024 Full probate and qualification matters are handled by appointment only. Physical Address: 9512 Ironbridge Road, Suite 110, Chesterfield, VA 23832īefore visiting the Circuit Court, contact the Probate Division by email or calling 80. This office is not in the Courts Building but is in an office building in close proximity to the courthouse. The Commissioner of Accounts is an attorney commissioned by the Circuit Court Judges to oversee the actions of fiduciaries and is responsible for reviewing and approving inventories and accountings. An attorney or an accountant can provide assistance as well. Further details may be obtained from the Chesterfield Circuit Court Clerk and Chesterfield County’s Commissioner of Accounts. It is the legal obligation of the personal representative to fully understand and discharge his/her required duties. The personal representative (Executor or Administrator) of an estate is charged by law with numerous responsibilities. Probate/estate matters are handled by appointment. To record a will and/or to qualify an Executor or Administrator of a decedent’s estate, you must contact the Circuit Court Clerk’s Office in the jurisdiction in which the decedent resided at the time of death. Signing Requirements (No statutes) – Although there are no precise statutory guidelines, the grantor and two (2) witnesses should sign the trust instrument(s) in each other’s presence.Record a Will or Qualify as Personal Representative.Unlike a Will, the Trust comes into effect during the grantor’s lifetime and, furthermore, will not have to pass through probate court before being distributed. The grantor signs over the ownership of their estate to a Trust, which they can continue to benefit from during their lifetime. Revocable Living Trust – With the execution of a Living Trust, the grantor’s beneficiaries will not need to go through the probate process when the grantor’s estate is administered. Signing Requirements – Must be signed by the testator and, if they did not wholly write the Will themselves, it must also be signed by two (2) witnesses.When the testator dies, their Will must go through probate court before the individual’s estate can be distributed. If the testator has children or pets, they can also provide for the care of their dependents. Last Will and Testament – The most widely known and used method for the division of an estate. There are two (2) options that are used by most individuals for the administration of their estate. However, these instructions do not constitute legal advice and individuals are recommended to secure the services of a professional attorney before executing these legal instruments.Īfter the principal has decided how to divide their estate and who their beneficiaries will be, they will have to execute a legal instrument that puts their wishes into effect. Kentucky residents have several options available when planning for the distribution of their estate and the management of their end-of-life care, some of which are presented in the below guide.
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