Virginia Beach Probate Terminology

Administrator:

The individual appointed and qualified by the Clerk to manage the decedent's estate when there is no will or the will does not specify an executor, or if all named executors decline to serve.

Beneficiary:

An individual or entity entitled to receive a share of the estate's assets.

Bond:

A formal written commitment recorded in the Clerk’s Office by the administrator, ensuring the faithful execution of their duties and responsibilities.

Certificate of Qualification:

A formal document issued by the Clerk, under seal, when the personal representative is authorized to manage the estate. This is also known as “letters testamentary.”

Clerk or Clerk’s Office:

The Clerk of the Circuit Court responsible for probating the will and appointing the estate's administrator or executor.

Commissioner of Accounts:

An official appointed by the Court to supervise the reports and activities of personal representatives.

Court:

The Circuit Court with authority to probate wills and appoint administrators or executors.

Creditor:

An individual or entity to whom the decedent owed money.

Decedent:

The person who has passed away.

Estate:

The collection of assets owned or controlled by the decedent at the time of their death, including real estate, personal property, and other possessions.

Executor:

The person designated in the decedent's will to oversee the administration of the estate, who accepts the role by qualifying with the Clerk.

Fiduciary:

An individual entrusted with the responsibility to manage another's property; this term refers to executors, administrators, or trustees.

Heirs/Heirs at Law:

Individuals who are legally entitled to inherit the decedent’s estate if the decedent did not leave a will, as defined by law at the time of death.

Intestate:

Dying without a legally valid will.

Intestate Succession:

The legal order in which relatives inherit property from a decedent who died intestate, specified in Virginia Code Sections 64.2-200 and 64.2-201.

Inventory:

A detailed list or schedule of the decedent’s assets under the authority of the personal representative. The Clerk provides a standard form for this purpose.

Legatee:

An individual designated to inherit property under a will; this term is a more formal synonym for beneficiary.

Notice of Probate:

A formal notification of specific details provided to beneficiaries and heirs, with a form provided by the Clerk.

Personal Representative:

A term that refers to either the executor or administrator of an estate, depending on the context.

Probate:

The process of validating a will in the Clerk’s Office; the procedure of appointing a person as executor or administrator; and, more broadly, the entire process of managing an estate.

Qualification:

The process through which the Clerk appoints an individual to serve as the executor or administrator of the decedent’s estate.

Self-Proving Affidavit:

An affidavit, sworn by the testator and witnesses and notarized, that confirms the will was signed and witnessed according to Virginia law.

Testate:

Dying with a valid will in place.

Testator:

An individual who creates a will.

Will:

A legal document outlining how and to whom the testator's property should be distributed after their death.

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This comprehensive glossary offers clear definitions of key probate terms, aiding all parties in understanding their roles and responsibilities in the Virginia probate process. Whether you are new to probate or need to refresh your knowledge, this resource is essential for navigating estate administration confidently.

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Disclaimer: The information on this page is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified attorney.

 

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Additional Forms

List of Heirs | CC-1611