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The tax is assessed at the rate of 10 cents per $100 on estates valued at more than $15,000, including the first $15,000 of assets. For example, the tax on an estate valued at $15,500 is $15.50. Localities may also impose a local probate tax equal to 1/3 of the state probate tax.
A Virginia probate lawyer is typically an estate or trust lawyer who additionally offers probate services. No state requires you to hire a probate lawyer, but some circumstances encourage additional legal guidance. What follows are common instances in which consulting an attorney benefits your probate case.
If the value does not exceed $15,000, Virginia Code Section 58.1-1714 makes it unnecessary to file a probate tax return. Virginia Code Section 58.1-1718 authorizes the county or city in which the probate occurs also to assess a tax equal to one third of the amount of the state probate tax.
A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.
The Commonwealth of Virginia does not have a specific timeline for when you should initiate probate, but it recommends that, within 30 days of the death, you should contact the Circuit Court Clerk's Office in the county where the decedent lived or your attorney.
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Virginia has no separate probate court. The will should be probated in the circuit court in the county or city where the decedent resided at the time of death.
Today, Virginia no longer has an estate tax* or inheritance tax. Prior to July 1, 2007, Virginia had an estate tax that was equal to the federal credit for state death taxes.
Generally, Virginia does not require an estate tax return unless there is a federal estate tax return due. The federal estate tax is due nine months from the date of death and is currently filed when assets exceed $5,450,000, for decedent's dying in the 2016 tax year.
In Virginia, probate is the legal process that happens after a person (the "decedent") dies, regardless of whether the person died with a valid will or without a valid will. If a decedent dies with a will, then their property is distributed according to the will.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.

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