Legal Question in Wills and Trusts in Virginia

Re: Probate/Wills

Someone living in Virginia must qualify as "personal representative" (what the rest of the world calls an "executor").

Everyone who is a potential heir must be notified (of everything).

The personal representative must follow strict rules, file reports with the Commissioner of the Accounts, and is personally liable and obligated to distribute every penny in accordance with the law. All too often, we see one family member breaking the law or ignoring a will, which is really nothing but THEFT -- stealing.

The law supplies standard rules for who gets what, which is usually pretty obvious. If there are 3 children, it is divided 3 ways (unless there is an ex-wife involved).

But there is a lot more detail than that to how to do things and what to do, and Cary is right there is a lot to know and follow up on

Re: Probate/Wills

If there is no will, the legal beneficiaries are the heirs of the deceased: first the spouse (alone unless there are step-children of the spouse, in which case the spouse gets 1/3 and the step-children share 2/3); if there is no spouse, the children, share and share alike; if no children, parents of the deceased; if no parents, brothers and sisters of the deceased; and so on.

While the probate process can be avoided if all the heirs agree, that rarely happens, so one of the heirs can go to the local Circuit Court Probate Office and request to be appointed administrator (the title "executor" is reserved for a personal representative probating a will.)

One of the first things the administrator is required to do is notify the heirs that a probate has been started; there's no secrecy permitted. The administrator must pull together all the assets of the decedent, make arrangements to pay all the decedent's bills (to the extent there are assets available to pay the bills) and distribute the remainder to the heirs.

Re: Probate/Wills

This can not be fully answered on this bulletin board. There are numerous resources online and at the Virginia State Bar. The clerks of court have a great book to describe this process and I think it is free of charge. You should also consider consulting an attorney to, at a minimum, steer you in the right direction.