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Virginia Inheritance Law & Probate Procedure

Virginia PROBATE COURT FINDER:
- Probate Court for Smyth County: Key information about your local probate court (Circuit Court in Virginia) for Smyth County.
How Probate Works in Virginia: How to handle the probate of an inheritance at Smyth County's probate court.
- Here are links to:
  - Virginia Probate Forms and the
  - Virginia State Probate Court Website.
Small Estates Procedures in Virginia: Learn how to use Virginia's Small Estate procedures that can save you time and money.
- In Virginia you can use an Affidavit if the value of the probate estate is $50,000 or less (Probate estate doesn't count assets that pass by beneficiary, like life insurance, and retirement, and assets held in joint tenancy).
  
  Va. Code Ann 64.2-601.
  
  For real estate, if there's no Will, heirs, or personal representative can record Affidavit setting out names of heirs: clerk will send abstract of the Affidavit to the revenue comissioner, then real estate can be transferred.
  
  Va. Code Ann 64.2-510.
Virginia Estate Taxes:
- Virginia, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in Virginia. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Smyth County, Virginia (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
Virginia BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Virginia law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in Virginia?:
  - No. Va. Code Ann. § 34-3.1.
- Virginia Homestead Exemption
  - Must file homestead declaration before filing for bankruptcy
    $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000; an additional $25,000 exempt if property is primary residence.
- Virginia Vehicle Exemption
  - Motor vehicles to $10,000 total ($10,000 if needed for occupation or education)
Virginia BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

Virginia Unemployment Benefits

Benefit Amounts in Virginia: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $60 per week
- Maximum:
  - $378 per week
- Duration:
  - In Virginia, you can receive unemployment benefits for a maximum of 26 weeks under state law.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in Virginia.
- Virginia Employment Commission
  - 866-832-2363
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
Virginia Wage & Hour Law
- Virginia Minimum Wage:
  - The minimum wage in Virginia is $12 an hour. Because this is higher than the federal minimum wage of $7.25 an hour, employees in Virginia must be paid at least $12 an hour.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Virginia and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Virginia.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Virginia.
  - In Virginia, your employer may pay you a minimum wage of $2.13 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $12 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.