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Heirs in Virginia can avoid probate entirely for estates under $50,000 by using a small estate affidavit.This legal form lets one heir collect assets by swearing they’re entitled to the assets.
Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000.
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
Additionally, the UTC incorporated provisions from smaller, more specific uniform acts related to trusts while also superseding some outdated ones (including Article VII of the Uniform Probate Code, the Uniform Prudent Investor Act of 1994, the Uniform Trustee and Powers Act of 1964, and the Uniform Trusts Act of 1937). [2]
As the assets aren't considered a part of your estate, they sidestep the probate process. It also lets you continue to use assets transferred into the trust, such as property or investments you own.
The Fairfax Circuit Court of the 19th Judicial Circuit, [1] is a court of general jurisdiction, serving the County and City of Fairfax, Virginia, in the United States. It is the largest trial court in Virginia and handles both civil and criminal cases. The Court comprises fifteen full-time judges. [2] Fairfax Courthouse main entrance
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