Can probate be expedited?

Yes, probate in Virginia can be expedited. This is because Virginia has an expedited probate procedure, known as Simple Probate. This procedure can be used when the estate consists solely of small, non-contested assets like bank accounts, stocks, and bonds. In Virginia, Simple Probate is a two-step process. First, the executor must file a Petition for Simple Probate with the relevant circuit court. This petition must include the death certificate and a list of the assets of the estate. The court will review the petition and, if approved, will issue a Certificate of Appointment allowing the executor to manage the estate. Once the Certificate of Appointment is issued, the executor can proceed with distributing the estate. All claims must be addressed and all property must be transferred to the beneficiaries without delay. In most cases, this will mean that the probate process is complete in six to eight weeks. If there are complications that make the Simple Probate procedure not viable, the executor may choose to pursue a Regular Probate process. This process is more complex and can take several months, or even years, to complete. Overall, probate in Virginia can usually be expedited if the estate is simple and there are no claims to contest. The executor should speak with an attorney to discuss if Simple Probate is a viable option and to begin the process.

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