Legal Question in Wills and Trusts in West Virginia

Executor vs administrator

The named executor for my fathers estate did not qualify to be made executor so the courtsor county appointed me to be the administrator. Can my brother still qualify or does the responsibilty lie solely on me to handle the estate.


Asked on 9/19/03, 8:32 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Executor vs administrator

When the named Executor declines to serve, the County Commission in the West Virgnia County of the residence of the decedent will appoint the next of kin to serve. When he or she qualifies, and posts bond, the entire resposnsibility for the estate is vested in the person who qualifies, this includes marshalling and protecting the estate and payment of claims which have been proven. T

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Answered on 9/21/03, 12:59 pm


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