Legal Question in Wills and Trusts in Virginia
Out-of-State real property not in name of trust
Person dies in California, has a trust with pour over will. Has a very small piece of real property in Virginia that was never titled into the California trust. Virginia attorney telling us we need to ''prove'' the will in California (small estate proceeding?) for him to then be able to transfer title. We thought if the property is in Virginia, it needs to be handled (probated?) in Virginia, regardless of where the person died. If we are supposed to do something here in California, for an out-of-state piece of real property, what would it be? Actually open a probate, etc.? Thank you.
2 Answers from Attorneys
Re: Out-of-State real property not in name of trust
It's not clear to me what you did in California. Of course I am a Virginia lawyer and I cannot say what you should have done in California or should do now there. However, it sounds like you are saying that you have no documentation of any probate from California to show the Virginia court. I also don't understand if the attorney you mentioned is working as your attorney or not. I think you have two choices: You could get probate papers from California or you could probate the will (again) in Virginia. When a decedent has property in numerous states it is not unusual to file the will in all the States. So there can be one main State where the will is primarily probated, obviously California. Then it can also be filed in other States as well for the purpose of handling other property. So it is not contradictory to probate it in Virginia for the purposes of the property in Virginia even though it has already been or should be primarily probated in California. There is a simplified process in Virginia for small estates, but I don't if the property in question is small enough to qualify. You could start by calling the Circuit Court in the County where the property is located and ask for the "Commissioner of the Accounts." The court staff will NOT give you legal advice or offer any opinions. But if you ask the question as "What forms would I file?" they may send you the right forms, which will tell you a lot.
Re: Out-of-State real property not in name of trust
Obviously, if I can be of assistance, don't hesitate to hire me. By not maintaining an expensive office, I have extremely low rates, only $95 per hour. Call me: (703) 850-3733
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