Who will be appointed by the court as executor or administrator?

If there is a will, the person or persons named in the will normally will be appointed. If no one is named or the persons named refuses to serve or ceases to act after being appointed, administration may be granted to one who was an alternate in the will or who is a beneficiary of the will. Of course, anyone appointed must be competent and suitable in the opinion of the Court making the appointment.

 If there is no will, within 30 days of death the clerk may grant administration to a sole distributee or his designee, or, if more than one heir to the one(s) designated by all distributees.

 The person appointed must take an oath that he or she will faithfully perform the duties required and further must give bond in an amount at least equal to the value of the estate to be handled. Surety generally must be given on the bond unless the will waives surety (which most will do) or the person(s) appointed is (are) the only beneficiary(ies) or the appointment of a bank or trust company. If the appointee is not a resident of Virginia, or in the case of co-fiduciaries, if none are residents of Virginia, surety will be required along with a resident agent for Non-Virginia resident fiduciaries.



Show All Answers

1. What is probate?
2. Where should the will be probated?
3. What does dying "testate" or "intestate" mean?
4. Who inherits the property of an intestate (person dying without a will)?
5. Is the appointment of an executor or administrator and formal administrator and formal administration of an estate always required?
6. When should I probate the will or if there is no will seek to be appointed administrator?
7. What should I take with me to probate a will or qualify on an estate?
8. Who will be appointed by the court as executor or administrator?
9. What are the basic duties of an executor or administrator?
10. What taxes are there to be paid?
11. Is an executor or administrator compensated?
12. Where can I go for more information or answers to specific questions?