How can my friend find out if her father and uncle left her anything?

Full question:

I am trying to find out if my friend's father and uncle left her anything. Both are deceased.

• Category: Wills and Estates
• Date: 04/07/2025
• State: Virginia

Answer:

Probate is the legal process for managing a deceased person's estate. This may involve validating a will, if one exists, and appointing an Executor or Administrator to oversee the estate. Probate typically occurs in the Circuit Court of the county or city where the deceased lived. If the person was in a nursing home, probate usually happens where they lived before entering the home.

Not all estates require probate. If the deceased held assets in joint tenancy with right of survivorship or in a living trust, probate may not be necessary. Only assets solely in the deceased's name without a beneficiary are subject to probate.

To probate a will, the Court Clerk needs the original document; copies are not accepted. The will should have a self-proving clause, meaning it was signed by witnesses and the testator in front of a Notary Public. If not, witnesses must testify, which can be done through an affidavit or in person.

The will should name an Executor. If the named Executor is deceased or unwilling to serve, the next named Executor may take over. If no Executor is named, the Clerk can appoint one. If the deceased had no will, legal heirs have the first right to qualify as Executor, but all heirs must agree for the first 30 days after death. After 30 days, the Clerk can appoint any heir without agreement. After 60 days, the Clerk can appoint anyone requesting it without needing agreement from the heirs.

Probate records can be found in the Court Clerk's office where the will was probated or the estate was opened. Many counties have some records available online.