Legal Question in Wills and Trusts in Virginia
No Will What is Required and How Long to Settle
My grandmother passed away recently in Stuart, VA. She had no will and I was appointed as executor of the estate.
What do I need to do and how long do I have to do it? For example, must I act immediately or do I have a period of time over which I can get this taken care of?
Thanks.
2 Answers from Attorneys
Re: No Will What is Required and How Long to Settle
If the court appointed you as the administrator/personal representative of your grandmother's intestate estate, you should have about 14 months to administer the estate which means roughly: identifying the assets of the estate and filing an accurate inventory of such with the commissioner of accounts by the required date, paying the bills which can be legally attributed to the estate, selling/disposing of whatever estate assets are necessary in order to meet these obligations, identifying and locating the entitled heirs of the estate and making appropriate distributions from the estate to these heirs before filing your closing report with the commissioner of accounts.
Re: No Will What is Required and How Long to Settle
I agree with my colleague. I would only add that
it helps to approach this like balancing your
checkbook. If you get organized and keep track
of things, it is easy. If you don't keep good
records, it can get messy.
Be very organized about creating an inventory
of everything the decedent owned. Don't forget
anything like refunds on security deposits for
the telephone, gas, electric, whatever. If you
have any doubts about what money the decedent
owned, you can (as executor) send a request to
banks, or whatever, and ask. Include a copy of
your official appointment as representative (executor).
Also note that when you distribute property to
the heirs, GET A RECEIPT for anything that you
give out, even if it is something trivial. Maybe
the Commissioner of the Account in your COunty
is not as big a pain in the neck as in some
COunties, but you may be required to PROVE
where every item on the inventory actually went,
with documentation. Apologize, but say that you
are required to get documentation to show where
everything went. THis protects everyone, so that
everyone will know that things were done right.
Also, you may need to publish a notice in the
newspaper inviting creditors to send you any
debts that they think the decedent owed at her
death. Your first responsibility is to pay any
*VALID* debts (not just anything that someone
asks for).