Legal Question in Wills and Trusts in Virginia
venue of probate
My mother lived in GA for 40 years before moving to VA to live with me, where she lived one year before dying. She expressed no desire to return to VA. Must probate be done in VA? The designated executor really wants to probate in GA
Asked on 11/16/08, 10:33 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: venue of probate
Assuming that your mother was a bonified domicillary (resident) of the Commonwealth at the time of her death, Virginia is where her estate must be probated. However, if she owed real property in Georgia, an ancillary(or supplemental) probate action must be opened there in order to distribute any such property to beneficiaries named in her will.
Answered on 11/17/08, 11:51 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
