The Circuit Court Clerk's Office Probate Division handles the appointment of executors, administrators, trustees, guardians and conservators.
The Virginia Bar Association publishes A Guide to the Administration of Decedent’s Estates in Virginia (Leaving This Site) that addresses many of the topics of interest to those settling an estate.
Virginia’s Judicial System website has a Fiduciary Forms (Leaving This Site) section that contains many of the forms needed to qualify as executor, administrator, trustee, guardian or conservator. Print the Supreme Court’s revisable PDF forms by using the "Print for Submission to Court" button at the top of the form (rather than by using the print feature of your internet browser). The Clerk’s Office cannot accept forms that have gray bars in any fields.
Please remember the Circuit Court Clerk's Office staff cannot give legal advice.
To assure quality assistance, appointments should be made to meet with a Probate Clerk by calling 804-365-6478.
Please notify the Circuit Court Clerk’s Office’s staff by e-mail to HanoverCC@courts.state.va.us, if you have a question or find that any of the links do not work.
Probate is the process of proving a will. This is often the first step in administration of an estate, followed by the appointment of an executor. In the absence of a will the process of estate administration is begun by appointing an estate administrator.
Once a will is admitted to probate the original is filed in the Clerk's Office and a copy is placed in the Will Book and made a part of the permanent public record.
In both cases one seeking to probate a will or to qualify as administrator must go to the Circuit Court Clerk's Office of the county or city in which the decedent resided at the time of death.
The Hanover County Clerk's Office is located at Hanover Courthouse on the 2nd floor of the Circuit Courthouse Building, 7507 Library Drive, Hanover, Virginia. To ensure quality assistance, appointments should be made to meet with a Probate Clerk by calling 804-365-6478. Hanover County Government Complex Map and Directions
Depending on the circumstances, if the decedent was a patient in a nursing home prior to death the legal place of residence for such person may be presumed to be the same as it was before becoming a patient. VA Code Section 64.1-76 (Leaving This Site)
A person dies testate if he left a will. A person dies intestate if he does not have a valid will at the time of death. If a person dies intestate, then the laws of the Commonwealth of Virginia, in effect at the time of death, determine who the heirs are and hence who receives the decedent's property. VA Code Section 64.1-1 (Leaving This Site)
It is always best to make the determination of whether or not to probate a will or qualify as administrator with the advice of a person who is knowledgeable about probate law.
The appointment of an executor or administrator is not always required. No formal administration is usually required when the estate is small (under the statutory amount) or for payment of small sums by certain governmental, occupational and banking agencies.
Qualification as executor or administrator or probate of a will may not be necessary simply to transfer a motor vehicle title.
Other instances where formal qualification or administration may not be required are cases of joint bank, savings and loan association or credit union accounts with right of survivorship.
In most cases the payment of life insurance proceeds to a named beneficiary and the transfer of real estate to a surviving spouse or other person where there are survivorship rights recited in a deed occur outside of the estate.
If the decedent died with a Will, bring the following with you to your appointment with the Probate Clerk:
If the will is self-proving, you do not need to bring the witnesses to the will or depositions of the witnesses. Note: If you are not sure if a will is self-proving, you may ask the Probate Clerk who is assigned to assist you prior to your meeting. Most wills prepared within the last twenty-five years in Virginia are self-proving.
If the decedent left no will, bring the following with you to your appointment with the Probate Clerk:
Effective
Jan. 1, 2006
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Hanover County, P.O. Box 470, 7497 County Complex Rd., Hanover, VA 23069, 804-365-6000.
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