If you’re headed to qualify for the first time, you may have no idea what to expect. Thankfully, we have experienced professionals at your service who have attended probate and qualification appointments dozens of times. So, sit back, relax, and let us give you a window into what’s going to happen.
For an executor or administrator (hereinafter referred to as the “personal representative”) to have authority under the law to act as a fiduciary of a decedent's estate, they must qualify with a court of proper jurisdiction. To qualify, the personal representative must:
Schedule an appointment with the probate department of the Clerk of the Circuit Court,
Provide the required information about themselves and the decedent,
Meet the requirements of qualification under the law,
Attend the appointment in person, and
Pay the required fees to the Clerk.
The qualification appointment will occur in the office of the probate clerk. You will contact the Circuit Court Probate Department in the county or city where the decedent lived at the time of death. For example, if the decedent passed away while being treated at Henrico Doctors Hospital but lived in Church Hill, you will contact the Richmond City Circuit Court.
When you contact a Probate Clerk via phone, they will take preliminary information from you and may request you complete the county’s preferred form.
The Clerk will request you bring the following items to the meeting:
The original Will, if there is one. (The will must be the original.),
The original Death Certificate,
Your Driver’s License or another form of identification, and
Check, cash, or credit card for the taxes and fees.
At the appointment, the Clerk will prepare and review the following forms for you to sign.
List of Heirs,
Probate Information Form, and
Probate Tax Return.
As you complete these forms, the Clerk will require you to swear to an oath that the forms you have completed contain the true last will of the decedent (if applicable), so far as he or she knows, and that he or she will faithfully perform the duties of his or her office to the best of his or her judgment. This oath is accompanied by a Bond. A Bond is a promise in writing given by the personal representative in an amount set by the Clerk of the Circuit Court, for the faithful performance of the duties regarding the estate.
In addition to the completion of these forms, be prepared to pay the state probate tax as well as the qualification fees. Probate tax is $1.00 per every $1,000.00. For example, the estate value is $200,000. You would pay $200.00 in probate tax which is refundable to you from the decedent’s estate. Qualification fees vary from estate to estate but usually range from $20 to $100. The Clerk will provide you with an exact figure at your appointment and can provide you with an estimate at the time you make your appointment.
Lastly, in some instances but not all, Surety may be required. Surety is a person or corporation promising to pay the estate for the failures or defaults of the personal representative who gives the bond at qualification. This is most always an insurance bonding company engaged in the business of acting as surety, for a premium payment payable by the estate. Be sure to check with the Clerk of the Circuit Court to see if surety will be required on your bond at the time of qualification because Surety is often waived under the terms of the will.
Once all your paperwork is complete, the Clerk will return with your letter of qualification or your “golden ticket” as we like to call it. This ticket will give you the authority to speak with the decedent’s financial institutions and take control of the estate assets.
You are not required to have a lawyer assist you with qualification appointment however, the services of an experienced estate administration firm like Schooley Law Firm are often desirable. Many legal questions arise in the administration of an estate, large or small, which require the opinions and advice of an attorney.
If you are qualifying as a personal representative and need assistance, or if you need assistance determining the need to qualify, please contact us today at (804) 270-1300 to schedule a consultation with our estate administration paralegal and one of our attorneys.