Legal Question in Wills and Trusts in Virginia

Everything your mother was told regarding this matter is wrong. As executor of her mother's will, your mother should proceed with her duties as executor and probate your grandmother's will without further delay.

Agreed. Your uncle's death and will should have nothing to do with the probate and administration of your grandmother's will.

First, it is common to make "interim" distributions when possible. So even if there were any relationship between your uncle's estate and your grandmother's estate, the proper thing to do would be to distribute the NET property of your grandmother's estate, then hold the estate (administration of her will) OPEN in case any additional money is received from the uncle's will.

The process that is supposed to happen is that the executor collects all assets of the decedent, and files a MANDATORY inventory with the Commissioner of Accounts.

The executor publicizes the estate, invites any creditors to submit a claim, subject to a deadline, and researches any known LEGITIMATE claims of debts of the decedent.

The executor pays off all legitimate debts (not just anyone who wnats money, but after investigation only legitimate debts).

What is left over is distributed to the heirs.

The main reason that probate of an estate takes a long time is that the executor is trying to make sure that all debts are discovered and investigate and/or efforts to sell property to raise cash can take time.

There is no reason that the uncle's will or death should delay distribution from your grandmother's estate, at least as an "interim" distribution.

If the uncle is an HEIR of your grandmother's estate, his share must be paid to HIS executor. He was alive when your grandmother died. So his share is given to HIS executor and processed as part of HIS estate.

If the uncle left money TO the grandmother, she was already deceased by the time he died. So the money would go to other people according to the uncle's will. Or if no alternatives are specified, then the grnadmother's share would be distributed OUTSIDE HER WILL according to the rules of intestacy. That is because she was already dead for a year before the uncle died. She did not own this money at her death. It has nothing to do with her will, therfore.

Finally, you say they cannot come up with money to be executor. I assume that means they cannot post bond.

In that case, file a motion with the circuit court asking for the circuit court to WAIVE the bond. The possibility that NO ONE can administer the estate as executor would be a good reason for the court to order an exception.

Note: In virginia an executor is called a "personal representative" although I never liked that terms.