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Avoid Probate

Avoid Probate In Virginia

Probate is the official proving and recording of a Will as the authentic and valid Last Will and Testament of the deceased. 

A number of legal methods have been developed for avoiding probate entirely, including the following transfer of non-probate assets:
  • Assets held in joint tenancy
  • Retirement accounts and life insurance policies with a valid beneficiary designation
  • Assets held in trust
  • Transfer-On-Death (TOD) and Payable-On-Death (POD) bank accounts
  • AnnuitiesSmall Estates
  • Vehicles
Vehicles can be transferred if no personal representative has been qualified. This section authorizes the beneficiary to submit evidence of the owner’s death and his or her claim to ownership of the vehicle to the Department of Motor Vehicles. A similar mechanism for titles to boats.

Real Property 
In addition, in the Commonwealth of Virginia, real estate vests directly in the devisee when there is no Will. An interested party can simply file the list of interested persons with the Probate Division and file the original will without the need of having an executor appointed.An interested party can simply file the list of interested persons with the Probate Division.An interested party can simply file the list of interested persons with the Probate Division and file the original will without the need of having an executor appointed unless a specific distribution of the real estate property is made under the Last Will and Testament of the decedent. 
Probate Small Estates will without the need of having an executor appointed unless a specific distribution of the real estate property is made under the Last Will and Testament of the decedent. Probate can be avoided for a small sum. Small Estates unless a specific distribution of the real estate property is made under the Last Will and Testament of the decedent. Probate can be avoided for a small sum.

An interested party can simply file the list of interested persons with the Probate Division and file the original will without the need of having an executor appointed unless a specifnic distribution of the real estate property is made under the Last Will and Testament of the decedent. Probate can be avoided for a small sum.