Instructions For: Probate Information Form

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For: Probate Information Form is a commonly used form within Virginia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For: Probate Information Form

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For: Probate Information Form:

• This form pertains to the State of Virginia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Virginia’s Form CC-1650 - Instructions For: Probate Information Form up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Virginia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Virginia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form CC-1650, take a break, and then review. Probate and estate settlement processes in VA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form CC-1650 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form CC-1650 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For: Probate Information Form to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Virginia.

5 reasons you should submit CC-1650 as quickly as possible:

1. The sooner you begin, the faster Virginia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Virginia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Virginia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Virginia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Virginia probate clerk or court for exact answers regarding Form CC-1650, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For: Probate Information Form is one of the many probate court forms available for download through Atticus.

It may also be available through some Virginia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Virginia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form CC-1650 - Instructions For: Probate Information Form f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Virginia probate court office.

Instructions For: Probate Information Form is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Virginia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Virginia Form CC-1650 - Instructions For: Probate Information Form. You can use this to get an idea of the context of the form and what type of information is needed.

INSTRUCTIONS — PROBATE INFORMATION FORM GENERAL: This form provides the Clerk of Court with information necessary to probate wills, and to appoint persons to carry out the terms of wills or to settle the estates of persons who have died without wills. Two other forms may also have to be filed with the Clerk. If the total value of a decedent's real and personal estate is more than $15,000, a Probate Tax Return is necessary and, if the Clerk probates a will, or appoints an administrator or executor, a List of Heirs is also required. Copies of these forms can be obtained from the Clerk’s Office. This sheet contains special instructions to help you fill out this form. If you have any question, you should telephone the Clerk. If you are unable to complete this form, the Clerk will help you. You should telephone the Clerk’s Office for an appointment before you go to the courthouse. Please complete as much of this form as possible before you see the Clerk. REQUIREMENTS FOR PROVING A WILL: The Clerk cannot probate a will until certain matters concerning its execution are proved. In many cases this evidence will be contained in a writing attached to the will that is called a “self-proving affidavit.” This is a writing that follows the signatures of the decedent and witnesses to the will itself, in which, after a notary public put them under oath, the decedent and the witnesses made certain statements about the execution of the will and then the decedent, the witnesses and the notary signed the writing. If a will has a self-proving affidavit, it is not necessary for any witnesses to come to the Clerk’s Office. If the will does not have this writing, then you must bring at least one of the will's witnesses with you. If a will is written entirely in the handwriting of the decedent, then no witnesses' signatures on the will are required but you must bring two persons with you to the Clerk’s Office who can testify (i) that they are familiar with the decedent's writing, and (ii) that the writing on the will is that of the decedent. These two persons who will testify that an unwitnessed will is in the decedent’s handwriting must be disinterested persons, i.e., not relatives, beneficiaries or relatives of beneficiaries. If a witness to the will, or to the decedent’s handwriting, is not a resident of Virginia or is unable to come to the courthouse because of sickness, age, legal confinement, or other cause, that witness’ testimony may be given in a deposition before a notary public. The form for such a deposition can be obtained from the Clerk. REQUIREMENTS FOR GIVING A SURETY BOND: Unless waived by the will or by a specific Code provision, every executor and administrator must post surety with the Clerk. This is normally done by purchasing a surety bond from an insurance company and paying for it out of estate assets. Many wills contain a provision waiving this surety bond requirement, and this waiver is effective in most cases. If the will does not waive surety, or if there is no will, the Clerk will tell you if there is a Code provision for waiver. Line 1. Include the decedent’s full name, including any aliases and the maiden name of a married woman. Line 2. Virginia law provides that “where any person has because of advanced age or impaired health either voluntarily or involuntarily become a patient in a nursing home, a FORM CC-1650 (INST) (MASTER, PAGE ONE OF TWO) 07/03 convalescent home, or a similar institution, the place of legal residence of such person shall be presumed to be the same as it was before he became such a patient; provided, however, that such presumption may be rebutted by competent evidence.” Line 5. Be sure to bring all originals of the will and any codicils with you when you come to the courthouse. Line 6. An administrator is the person who settles the estate of a person who died without a will. An executor does this task if there is a will nominating the executor. Sometimes no work is necessary to settle an estate under a will but the will is probated and recorded to establish the identity of the persons who receive real estate and to serve as their title to this real property. Line 9. If there is only on person entitled to inherit, he or she is called a “sole distributee.” Line 10. This can be the same as the person making the request, or another person nominated by the requestor. State law gives certain persons a right to appointment, but this right is conditioned upon who and how many persons request appointment, and upon how many days have elapsed since the death of the decedent.. Lines 14-17. These lines are used to identify a co-administrator, or co-executor, if there is one. Line 20. This question is concerned only with the decedent’s probate estate. Thus, do not include (i) any property that the decedent owned with another with the right of survivorship, (ii) life insurance unless it is payable to the decedent's estate, (iii) real estate transferred by a transfer on death deed, or (iv) any other property passing by contract or beneficiary designation from the decedent to another person. If the total value of the decedent’s property exceeds $15,000 a Probate Tax Return must be filed with the Clerk. Line 21. A person under a disability as defined in § 8.01-2 is not eligible to qualify. Va. Code § 64.2-502. You are considered to be under a disability if (1) you have been convicted of a felony and are still in prison; (2) you are under 18 years of age; (3) you are an incapacitated person as defined in Va. Code § 64.2-2000; (4) you are an incapacitated ex-service person under Va. Code § 64.2-2016; or (5) you are determined to be incapable of taking proper care of your person, incapable of properly handling and managing your estate, or otherwise unable to defend your property or legal rights because of age or temporary or permanent impairment, whether physical, mental, or both, including substance abuse as defined in Va. Code § 64.2-2000. Lines 22-24. These questions must be answered by the person(s) who wishes to be the administrator or executor. A “yes” answer to any of these questions does not automatically disqualify a person from serving. Each case must be decided by the court based on its specific facts. FORM CC-1650 (INST) (MASTER, PAGE TWO OF TWO) 07/13