Where should you probate a will?

A loved one has passed and you are listed as the Executor.  You know that the next step is to go to a Circuit Court and open probate, but which one?

Generally in Virginia, a will should be probated:

  • where the decedent owned a home;
  • or if they did not own a home, where the decedent owned any real estate (think an open lot);
  • or if none, where the decedent died or has any estate.

If the deceased love one died in a nursing home or similar institution, then that person’s residence is presumed to be where he or she resided prior to becoming a patient at such nursing home.  This decision is more difficult when the loved one had been living in a senior community vs. a nursing home and may require you to discuss your options.

Should you have questions about where a will should be probated or general probate questions, please feel free to contact the estate attorneys of Winslow & McCurry, PLLC.  We would love to help.