Legal Question in Wills and Trusts in Virginia

Re: Probate of will

Assuming that each of you is named as executor of the estate in the other's will, the surviving spouse would take the decedent spouse's will to the probate division of the circuit court where you reside and and tell one of the clerks that you've come to apply for "Letters of Administration" to be officially recognized by the court as the executor of the will and to open an estate to be probated, accordingly.

An executor of a will probates an estate by locating all of the assets of the deceased and collecting them up and safeguarding them as the probate process moves forward. An inventory of assets in the estate is filed with the local commissioner of accounts who is assigned to work with the probate court in overseeing the administration of the estate. Valid claims of creditors are paid first before any distributions of assets are made to beneficiaries named in the will.

Federal and state tax returns may have to be prepared and filed by the executor.

A final report is then prepared and filed by the executor with the commissioner of accounts, detailing the important aspects of the administration of the probated estate, including the enumeration of estate assets and how these assets were finally disposed of. This report is usually due around 14 months or so after the estate is opened. If the commissioner of accounts then accepts the report as valid and proper, the the probate process is considered complete and the estate can then be closed.