Legal Question in Wills and Trusts in Virginia

Re: death of mother

When you say the "executor" cannot find the will, it suggests that the probate process has not started. Without a will, the person doing the probate would be called the "administrator" or "personal representative."

If this person has not qualified as to do the probate, you and/or your sibling may want to appear before the Fairfax County Probate Clerk and ask to be named Administrator of your father's estate; then you will be in control.

Re: death of mother

Any heir or interested party can legally require the executor to comply with the laws and the will including by a lawsuit. But lawsuits are slow. So you should start by talking to the Commissioner of Accounts in the County where the person lived at her death.

You might also see if you can find your mother's attorney to see if the attorney has a copy of the will in his files.

But regardless of any will or no will, the executor (administrator) has a duty to inventory everything that your mother owned at her death, tangible or intangible, of every kind, and file an inventory with the Commissioner of Accounts. If the exeuctor is not doing that, the Commissioner of Accounts may take action, or at least be helpful.