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When a loved one passes away, families often face difficult decisions about funeral arrangements, finances, and the distribution of property. One common question is whether having a will automatically means the estate must go through probate.

Not necessarily. Whether probate is required in Virginia depends largely on how the deceased person’s assets were owned and whether those assets have another method of transferring to heirs or beneficiaries.

Understanding when probate is required—and when it can be avoided—can help families navigate estate administration with greater confidence.

What Is Probate in Virginia?

Probate is the legal process used to administer certain assets belonging to a deceased person, or decedent. In Virginia, probate generally takes place through the circuit court in the city or county where the decedent lived.

When probate is necessary, the court recognizes the will, if there is one, and appoints a personal representative to handle the estate. The personal representative is responsible for identifying and collecting assets, addressing valid debts and taxes, and distributing the remaining property according to the will or Virginia’s intestacy laws.

Importantly, having a will does not automatically mean every asset must pass through probate. A will generally controls probate assets, while certain property passes directly to another person through ownership arrangements or beneficiary designations.

When Is Probate Required?

Probate is generally necessary when someone dies owning assets in their individual name that do not have another method of transferring ownership.

Examples can include:

• Real estate owned solely by the decedent
• Bank accounts without joint ownership or beneficiary designations
• Vehicles, jewelry, collections, or other personal property owned individually

In these situations, probate may be necessary to give the personal representative authority to transfer or distribute the property.

When Is Probate Not Required?

Some assets can transfer automatically after death and therefore may not need to pass through probate.

Jointly owned property: Assets held jointly with rights of survivorship generally pass to the surviving owner.

Beneficiary-designated accounts: Life insurance policies, retirement accounts, and certain bank accounts can pass directly to the beneficiaries named on the account.

Revocable living trusts: Assets properly transferred into a revocable living trust generally avoid probate because the trust owns the property rather than the deceased individual.

Virginia also provides a simplified option for certain small estates. Under Va. Code § 64.2-601, qualifying personal property valued at $75,000 or less may be transferred using a small estate affidavit rather than a full probate proceeding, provided the statutory requirements are satisfied.

This simplified procedure applies to qualifying personal property, not real estate, and can be particularly useful when an estate consists of modest assets such as a bank account or vehicle.

What Happens When Probate Is Required?

When probate is necessary, the personal representative must complete several steps before the estate can be closed. These typically include identifying and valuing estate assets, filing the required inventory, addressing creditor claims and taxes, and distributing assets to beneficiaries.

Virginia also imposes deadlines for certain estate filings. The inventory generally must be filed within four months after qualification, while the first accounting is generally due within 16 months.

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Met Park becomes your dance floor this fall with the return of NaLa Noches, a high-energy celebration of Latin music and culture in the heart of National Landing. Sigue el sonido/follow the sound of the güiro, clave, and timbales during live performances from top regional acts curated by DC trumpet legend Joe Herrera. During the set break, Inspira Dance leads short, beginner-friendly dance lessons, from salsa to merengue and more!

Grab empanadas and alfajores onsite from local favorite Peruvian Brothers, cool down with a complimentary Topo Chico, and partake in hands-on “Colores y Cultura” art activations by Museum of Contemporary Art Arlington.

FREE TO RSVP

Musical Lineup:

September 17 — René Ibáñez & Cubano Groove (Latin Jazz)

September 24 — Punto i Aparte (Salsa Merengue)

October 1 — Orquesta Manplesa (Salsa)

October 8 — Monte Cimarrón (Cuban Son/Salsa)

October 15 — Son Cubano Subterráneo (Cuban Son)

Art Activities & Artist Lineup:

Join Museum of Contemporary Art Arlington for fun and free “Colores y Cultura” arts activities each week.

September 17: Talavera Pottery-Style Clay Crafts // sculpt decorative pieces with air dry clay!

September 24: Artist Spotlight: David Amoroso — Papel Amate Inspired Painting // paint vibrant scenes of flora + fauna on natural paper.

October 1: Artist Spotlight: Michelle Espinoza — Corn Husk Flowers // craft flowers out of corn husks.

October 8: Artist Spotlight: Jaqui Falkenheim — Little Houses on Caminito Street // color and collage houses inspired by Caminito Street in La Boca, Buenos Aires!

October 15: Mini-Nicho Shadow Boxes // create a personal little shrine with colorful embellishments!

Please refer to the National Landing website for transportation and full event details: www.nationallanding.org/events/nala-noches

NaLa Noches is produced by the National Landing BID in partnership with Amazon.

Incredibly excited to wrap up an awesome first summer. I’ve learned a lot, and I thought I’d share some of those lessons with you.

1. Hiring a JMU intern is a great idea.

This summer we were lucky enough to hire a young man from Woodbridge named Owen, who is a rising senior at JMU. He was exactly the spark we needed to help us push through our first busy summer season. We’ve already made him a job offer for next summer when he graduates, and we’re hopeful he’ll join us full-time.

2. People are generally helpful and want to see you succeed when you’re first starting out.

Over the summer, I was amazed by how many people wanted to help me get a strong start in my business. There were definitely times when I knew folks might not need a new roof, but they were still kind enough to let me come by, take a look, and give them a free estimate just in case. It was inspiring and motivating to know that there are strangers out there who don’t even know me but still want to see me win.

3. Hard work solves most problems.

From the beginning, I’ve been honest about having a lot to learn in this industry. What I’ve come to find is that even when I don’t know exactly what I’m doing, hard work will still often get me to the right result. When in doubt, just keep pushing. This is something I’ll remember as more hard times come and as we get ready to go through the cold winter season.

4. Working with property managers and realtors can be a win-win for everyone.

This year, we’ve built some great relationships with property managers and realtors. These folks are hardworking and busy, and the last thing they have time to worry about is a roof for their clients. We’ve worked with them to install new roofs, windows, gutters, doors, and siding on multiple occasions.

5. Some folks will slam the door in your face without thinking twice.

Things aren’t always easy in this game, and I don’t want to paint an overly rosy picture without talking about some of the hard stuff too. As a new person working hard to get your name out there, it can definitely be a little daunting when someone yells at you or slams the door in your face. Luckily, most people are warm and will at least talk to you, and we’ve appreciated that as we navigate these bumps along the way.

6. Most homeowners just want transparency and great customer service.

It’s wild how many contractors out there really can’t be trusted. We’ve come to learn quickly that homeowners just want fantastic customer service and transparency throughout the process. If you can honestly show someone how the process is going to take place and hold their hand a little along the way, you can make almost all of your customers pretty happy.

7. Homeowners taught me more than any training could have.

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For many Virginia homeowners, the family home is more than an asset. It’s where children grew up, memories were made, and decades of life unfolded. Placing your home in a trust can help protect that legacy while making things easier for your loved ones in the future.

A properly structured and funded trust may help avoid probate, provide continuity if you become unable to manage your affairs, and give your family clear instructions about what should happen to the home. Here’s what Virginia homeowners need to know.

Why Put Your Home in a Trust?

A trust can provide several important benefits:

• Avoiding probate. If your home is properly transferred to a trust, your successor trustee can generally manage the property without waiting for a judge to authorize basic tasks like paying the mortgage or selling the home.
• Planning for complex families. Trusts can provide specific instructions for blended families, stepchildren, or inherited property.
• Privacy. Unlike a will, which generally becomes part of the public probate record, a trust is typically handled privately.
• Planning for incapacity. If you become unable to manage your affairs, your successor trustee can step in to manage the home or other trust assets.
• Greater flexibility. You can establish conditions for how and when beneficiaries receive an interest in the property.

A trust isn’t necessarily the right choice for every homeowner, however. The appropriate plan depends on your family, finances, property, and long-term goals.

Step 1: Choose the Right Type of Trust for Your Goals

Before transferring your home into a trust, you’ll need to decide what kind of trust fits your needs. In Virginia, the most common types include:

• Revocable living trusts. These are flexible and can be changed or revoked during your lifetime. You typically serve as your own trustee and retain full control over the property.
• Irrevocable trusts. Once you place your house in this type of trust, you give up control over it. These trusts may offer greater protection from creditors and certain tax advantages.
• Testamentary trusts. Created by your will and go into effect after your death. Your house remains in your name until then.
• Special needs trusts. Used to leave property for a loved one with a disability without affecting their eligibility for benefits.
• Charitable trusts. Allow you to leave your home or its value to a nonprofit organization.

The type of trust you choose will affect how your property is treated for tax, control, and probate purposes. A revocable trust is often the most practical choice for Virginia homeowners who want to keep managing their home while simplifying what happens after death.

Step 2: Select the Right Trustee

The trustee manages the property and follows the instructions in the trust. With a revocable living trust, you can typically serve as your own trustee during your lifetime and name a successor trustee to take over if you become incapacitated or die.

Choose someone you trust to handle financial and property matters responsibly. Depending on your circumstances, that could be a family member, friend, or professional trustee.

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The corner coffee shop. The family dentist. The realtor who knows every block. They’re a part of what makes Alexandria feel like home. The same neighbors who read ALXnow every day aren’t just part of the community, they’re looking to support it, one local business at a time.

Since 2019, ALXnow has been Alexandria’s go-to source for local news, now reaching 400,000 readers a month. People come here for what’s happening around the city, and along the way, they discover the businesses that serve it.

Advertising here feels different, and readers tell us so: according to our 2025 reader survey, 84% say they like seeing local ads on ALXnow, and 43% have taken action after seeing one. When businesses appear alongside the news your neighbors trust, it becomes part of the community conversation rather than an interruption to it.

There are a few ways to take part, whether you want to introduce your business, promote an event, or tell your story. And because ALXnow is independent local journalism, your support also helps keep Alexandria informed.

If you’ve been thinking about reaching your neighbors, we’re glad to help you find the right fit.

Explore every option at lnn.co/advertise, email [email protected], or call 703-348-0583.