Legal Question in Wills and Trusts in Virginia
My mother lived in Virginia and recently passed away leaving a will. Her total estate is worht about $35k and and left a will. Funeral costs will consume about $10k of her estate. Since the value is so small is probate required? The only people listed in the will are myself and my two brothers, and two of us are co-executors.
1 Answer from Attorneys
Under the Virginia statutes, a probate is required; the probate process in Virginia is quite simple and inexpensive, especially in estates under $50,000, so there is no reason to be afraid of probate.
There is some Virginia case law that stands for the proposition that it's OK not to probate a will when nothing would be served by going through probate. But you and your co-executor brother would want to be absolutely sure your other brother approves of making distribution of your mother's estate without a formal probate.
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