Legal Question in Wills and Trusts in Virginia

Re: laws pertaining to an executor in the state of virginia

If you are named in the will, you have to make an appointment with the Probate Clerk and present to the clerk the original of the will, a death certificate, a list of heirs and other information and you must pay the probate tax and sign papers. If you are not a resident of Virginia, you may be required to have an insurance company provide surety on your bond (promise) to do everything right. This surety requirement is waived for certain close relatives.

If the will does not name an executor, or if there is no will, there is a pecking order for naming the executor (in those circumstances called the administrator of the will.) For the first 30 days after death, distributees under the will or their appointees have preference. After 30 days, the first distributee to apply or his/her appointee may qualify. After 60 days, any suitable person may qualify, including one or more creditors of the estate.

Re: laws pertaining to an executor in the state of virginia

One has to be designated by the testator(the author of the will)as his or her executor.