What information and documents should be gathered before the decedent’s passing to streamline probate in Virginia? | Virginia Estate Planning | FastCounsel
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What information and documents should be gathered before the decedent’s passing to streamline probate in Virginia?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

In Virginia, probate involves validating a will, identifying assets and debts, paying liabilities, and distributing property under the Virginia Probate Code. Gathering key information and documents before a loved one’s passing can minimize delays and reduce court costs. Below are the primary categories of records to compile:

1. Estate Planning Documents

  • Original Will: Ensure it meets execution requirements under VA Code § 64.2-401 (link).
  • Trust Agreements: Revocable or irrevocable trust documents and amendments.
  • Powers of Attorney: Durable financial and medical powers as authorized by VA Code § 64.2-1600 (link).
  • Advance Medical Directive: Living will and healthcare proxy forms.

2. Personal Identification

  • Full legal name, Social Security number, date of birth.
  • Marriage certificate, divorce decree, children’s birth certificates.
  • Military discharge papers (DD214), if applicable.

3. Financial and Asset Records

  • Bank and investment account statements with account numbers.
  • Real estate deeds, mortgage documents, property tax records.
  • Business ownership records: operating agreements, stock certificates.
  • Retirement account statements (IRAs, 401(k)s, pensions).

4. Insurance and Benefits

  • Life insurance policies showing beneficiary designations.
  • Long-term care or disability insurance details.
  • Social Security award letters, VA benefits, and pension statements.

5. Debts and Liabilities

  • Credit card statements.
  • Loan agreements (auto, student, personal).
  • Utility bills and medical statements.

6. Digital Assets and Access

  • Usernames and passwords for email, social media, online accounts.
  • Digital currency wallet information.
  • Cloud storage and subscription service credentials.

7. Funeral and End-of-Life Directions

  • Prepaid funeral contracts, burial or cremation plots.
  • Written funeral or memorial service preferences.
  • Obituary draft or publication wishes.

Helpful Hints

  • Store original documents in a fireproof safe or safe deposit box.
  • Share certified copies with a trusted family member or designated agent.
  • Keep a centralized, up-to-date inventory of assets and liabilities.
  • Review and update records after major life events (marriage, divorce, birth).
  • Consult a qualified Virginia attorney for complex estates or blended families.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.