After the testator passes away, before their will is implemented, the document will undergo probate where the court is going to check it for validity and authenticity.
Is There a Work-Around for Probate in Virginia?
In Virginia, all wills need to go through the probate process and there is a way around it. But with, certain types of assets will not be subject to probate. In Virginia, if you own an estate worth $50,000 (at minimum), after you pass away and leave a will for your beneficiaries, your estate will be probated.
Joint Account or Property Ownership
If you own a house or any other property jointly with your spouse or any other family member or friends, the property will be passed to the beneficiaries that survived the testator. They will not be subject to a probate process. With that said, anything you own jointly, such as a joint bank account, joint business, brokerage accounts, etc., will be probate exempt.
Living Trusts
In a living trust (also known as a revocable trust) you have the power to control your assets and the authority to transfer your estate to your beneficiaries while you’re still living. In this case, you can name yourself as the sole owner of the trust and manage your estate according to your wishes. If you pass away, the assets in the trust will be transferred to your beneficiaries without probate.