Before You Begin...
You must locate the original Will before filling out this form. You will need to identify the appointed executors and prepare to prove the Will's validity to the court.
Proving the Will...
In Virginia, the Clerk must verify that the Will is legally valid. There are three primary ways this is handled:
1. Self-Proving Affidavit
The simplest path... the Will contains specific language signed by the decedent and witnesses, and is fully notarized.
2. Deposition of Witness
If no affidavit exists, you must bring at least one witness to the court to testify using Form CC-1610.
3. Holographic Wills
For handwritten Wills, you must bring two disinterested people (not relatives or beneficiaries) to testify to the handwriting using Form CC-1602.
HELP WITH VIRGINIA BEACH PROBATE REAL ESTATE
Understanding the Key Sections
Correctly identifying assets and applicants on Form CC-1650 is vital for a smooth assessment by the Clerk of the Circuit Court:
- Decedent’s Information: Full legal name, exact date of death, and last known address at the time of passing.
- Applicant’s Information: Full legal details for the proposed executor or administrator and their relationship to the decedent.
- Estate Details: A preliminary estimate of the probate assets and a brief description of the estate's holdings.
The Path to Completion
- Gather Assets: Create a preliminary list of bank accounts, real estate, and personal property.
- Identify Heirs: You will likely need to submit Form CC-1611 (List of Heirs) alongside this form.
- File with the Clerk: Submit all documents to the Circuit Court in the jurisdiction where the decedent resided.
