Legal Question in Wills and Trusts in Virginia
Does an executor have to bear the burden of proof that all parties have received copies of a will and later dated deed of trust to Aires of the estate?
2 Answers from Attorneys
Yes as to the will, and when you have made qualification as the Executor, the probate clerk will give you an affidavit which may be used to show that copies of the will have been distributed. The term "deed of trust" has to do with the pledging of property as collateral for the purchase of real estate, similar to a mortgage in other states; if you meant a later trust, a trust that was created during the life of the creator, that proof may not be required, depending on where the Executor is in the probate process.
Burden of proof? No, I would doubt it since once the will has been filed with
the probate court, it's a public record along with any properly recorded deed which any heirs are free to examine and to obtain whatever copies of documents contained therein which they may wish to have for their respective records.