Understanding the Virginia Probate Process

Probate is the legal process used to settle a deceased person’s estate. The probate court verifies the will (if one exists), identifies heirs, ensures debts are paid, and oversees the distribution of assets to beneficiaries.

In Virginia Beach, probate matters are typically handled through the Virginia Beach Circuit Court Clerk's Office. Executors or administrators must submit several forms when opening and managing the estate.

Typical Probate Steps in Virginia

• Step 1 – File the Will
  The executor files the original will and death certificate with the probate clerk.
• Step 2 – Qualify the Executor
  The court authorizes an executor or administrator to manage the estate.
• Step 3 – Submit the List of Heirs
  Form CC-1611 identifies the legal heirs of the estate.
• Step 4 – Notify Interested Parties
  Form CC-1650 helps ensure proper notification of probate proceedings.
• Step 5 – Document Estate Assets
  The executor identifies property, bank accounts, and other assets belonging to the estate.
• Step 6 – Distribute the Estate
  After debts and obligations are satisfied, remaining assets are distributed to heirs or beneficiaries.

Probate Forms and Real Estate

Many estates in Virginia Beach include a home or other real estate. Executors may need to determine whether the property should be maintained, rented temporarily, or sold during probate.

Our guide to Virginia Beach probate real estate explains how inherited property can be prepared and sold during the probate process.

Free Probate Preparation Starter Kit

Download our Probate Preparation Starter Kit designed to help Virginia Beach families prepare for their first meeting with the probate clerk.

• Overview of common Virginia probate forms
• Executor preparation checklist
• Step-by-step probate preparation guidance
• Tips to avoid delays in estate administration