What information is needed to request estate files from a county probate division in Virginia?
Detailed Answer Under Virginia law, estate records maintained by the probate division of the circuit court become public after final settlement. See Va. Code §64.2-114 (https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-114/). Anyone may request to inspect or copy these files by providing certain key details to the clerk’s office. Essential Information to Provide Decedent’s Full Name: The legal name as […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Virginia
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer If you need estate records—such as bank statements, deeds or tax returns—during an open probate proceeding, you can secure a court-ordered subpoena duces tecum. In Virginia, this tool compels a witness or custodian to produce documents or tangible evidence […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Virginia?
Detailed Answer When a decedent’s real property sells under Virginia law, proceeds pass through the estate’s administration or by agreement of heirs. Heirs cannot direct funds disbursement without signing specific authorization forms that establish heir status, waive further claims, and instruct the closing agent on payment. Below are the most common forms, along with the […]
Read article →How to distinguish assets of a deceased person’s estate from those of a relative’s corporation in Virginia
How to distinguish assets belonging to a deceased person’s estate from those held by a corporation established by a relative in Virginia Detailed Answer Under Virginia law, a deceased person’s estate and a corporation are separate legal entities. The estate consists of assets the decedent owned at death, while a corporation holds assets in its […]
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