Legal Question in Wills and Trusts in Virginia

My aunt died. Do I have to file the will? I am sole beneficiary. Where do I file it - the county where she died or where her address was? Can I cash her tax refund check in the meantime?


Asked on 4/01/10, 3:43 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The will is probated in the circuit court of the city or county where the decedent was a resident at the time of her death. And, yes, assuming that the will contains assets intended for disbursement which your aunt did not own jointly with you (with right of survivorship), the will would need to be probated although an abbreviated procedure may be available if the estate has few assets with limited value (small estate procedures).

Once you are appointed as executor of the estate by the court and begin collecting up the assets, you would then have the necessary authority to endorse and deposit the decedent's tax refund check into a bank account designated for the the administration of the estate assets.

Read more
Answered on 4/06/10, 11:53 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia