Out of state Executrix

[surfincowgirl]

I am an executrix for my Father's estate. There is a will.

Do I have to go to Virginia to register? Or can I register in front of a court or clerk here in California?

My father estate consists of: 1 home, stocks and bonds, savings. He also was a sole proprietor for his chair business.

Please advise. If I do not need to go back to Virginia it would save on incurred costs for everyone.

p.s. There are 3 brothers and 1 sister and there is no contest to the will. Everyone agrees.

 

[advisor10]

3-16-2002

DEAR SURFIN:

The main thing you need to do is to talk with a Virginia probate attorney to find out if their probate law allows an out-of-state executor like you to serve. Some states permit it, but other states don't.

The next thing you need to do is to come up with an estimated toal value of your father's estate. In most states, if the estate is under a certain value (like, for example, $5,000), then probate is not required. Anything above that figure, then you would want to go ahead and have probate done. I don't know what the figure is in Virginia.

If there is another family member in Virginia (or a Virginia probate attorney that you might want to hire), then ask that person to serve as executor if it would be too much of an inconvenience for you to do so. The process will take a few months, even in a simple estate, so the travel costs might make it too difficult for you.

It is most likely that probate WILL have to be done so that the heirs can be legally designated, and so that title/deed can be transferred officially to the new owners names.

If you will send me an e-mail message, I can pass on to you a confidential tip about your situation.

SINCERELY,

advisor (e-mail: [email protected])