Legal Question in Wills and Trusts in Virginia
the creation of a Will
What is the purpose of a Will if probate will be necessary regardless, isn't a Will supposed to eliminate the need for probate????
Asked on 7/28/08, 3:38 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: the creation of a Will
No, indeed, probate is the court process by which all of the testator's intentions as expressed in the will are carried out by the executor who is also named in the will and must act in a fiduciary capacity to ensure that these actions are responsibly executed and that the ancillary functions such as paying creditor claims, filing any tax returns that may be due, and filing a final report regarding the administration of the decedent's estate with the local commissioner of accounts are all taken care of within the required time frames.
Answered on 7/28/08, 5:47 pm