Where should the will be probated?
Virginia has no separate probate court. The will should be probated in the circuit court of the city or county where the deceased resided. Usually the Clerk of the Circuit Court or a deputy clerk handles the probate of wills and the circuit court judge is not involved. However, any person interested in the will may appeal to the judge within six months of the order of the clerk admitting a will to probate. • What does dying “testate” or “intestate” mean? A person dies testate if they left a valid will. One dies intestate if the deceased person 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. • Who inherits the property of a person who dies intestate (person dying without a will)? If a person dies without a will, Virginia law provides a course of descents as follows (after payment of funeral expenses, debts
