If my father passed in one county but he lived in another county, which one county must I file for probate as an administrator to his estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father passed in one county but he lived in another county, which one county must I file for probate as an administrator to his estate?

Also, must I live in the state to handle his estate?

Asked on September 14, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  You file the petition for probate and to be appointed as the administrator of the estate in the county in which he resdied at the time of his death.  His legal residence.  Now, it is my understanding that a person residing outside of Virginia who wishes to be appointed as administrator must bring a Virginia resident to the appointment with the Probate Clerk to either co-qualify or be designated as a registered agent. If you do not have a Virginian co-qualify as administrator there may be other requirements under Virginia Code 26-59 but I saw some writing that indicated that section is repealed after Ocitober 1, 2012.  So I would speak with an attorney there.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption