What is the procedure to probate an estate with a will?

The executor named in the will takes the will and other pertinent estate information (see the following question) to the probate department of the Circuit Court to probate the will and qualify as executor. The named executor should be a Virginia resident; however, statutes do allow out-of-state residents to qualify.

When the named executor is not a resident of Virginia, a Virginia resident must accompany the executor to the probate office to either co-qualify or be appointed as a resident agent.