Formal Qualification Process (Intestate)

Required Items

All prospective Administrators should bring the following items:

  • Dollar value (as of the date of death) of any solely-held personal assets.
  • Fair market value (as of the date of death) of real estate in Virginia deeded solely to the deceased or the value of the percentage owned by the deceased when the real estate is deeded as tenants in common.
  • Names, ages and addresses of the decedent’s heirs at law. These are individuals who are legally entitled to receive an estate when there is no Will, pursuant to Virginia Code §64.2-200, as amended.
  • Check, cash or credit card to pay fees calculated during the probate appointment. For more information on credit card transactions (PDF).
  • A prospective Administrator who resides outside of Virginia who wishes to be appointed and qualified as an Administrator must bring a Virginia resident to the appointment to co-qualify or be designated as a resident agent and must post a bond with surety.
  • If bond with surety is required, the surety bond company must attend your scheduled probate appointment to sign the surety bond.

You may also bring the following completed forms. Please do not sign them until the time of your appointment:

Steps Involved When Meeting with a Probate Clerk

You will take an Oath of Office as Administrator and you will sign a Bond. You will also pay the required qualification fees. The Probate Clerk conducting your qualification process will also explain your duties and responsibilities as Administrator. At the end of the Administrator qualification process, you will receive all or some of the following (depending on type of qualification):

After your qualification appointment, the Clerk will record the following public documents:

  • The Probate Clerk’s Order of Qualification
  • The List of the Heirs
  • The Bond
  • The Affidavit of Notice Regarding Estate

The Clerk will also inform the Commissioner of Accounts of your qualification as Administrator.

Basic Responsibilities of an Administrator

  • To preserve the estate assets
  • To administer the estate as required by the Code of Virginia
  • Giving notice of probate to interested parties and filing an affidavit of notice.
  • Filing income, inheritance, or estate taxes with the federal or state government.
  • Filing an Inventory and Accounting or Statement in Lieu of Accounting with the Commissioner of Accounts Office
  • Paying all Probate fees and taxes due to the Clerk of the Circuit Court.
  • Payment of debts in the order set forth by law (Virginia Code §64.2-528 as amended)
  • Disbursement of remaining assets according to intestate law.