Detailed Answer — How appointment works and the step‑by‑step process under Virginia law

When someone dies, a personal representative (called an executor if named in the will, or an administrator if there is no valid will) is the person the circuit court appoints to gather assets, pay debts, and distribute property. In Virginia the rules governing wills and estate administration are in Title 64.2 of the Virginia Code (Wills, Trusts, and Estates). See: Va. Code Title 64.2.

Who can apply?

• Someone named in the decedent’s valid will (the nominated executor) may petition the court to be appointed.
• If there is no will, a close family member or other interested person may petition to be appointed as administrator.
• The court will appoint a qualified adult. Generally the court avoids appointing anyone legally incapacitated or otherwise disqualified under state law.

Step 1 — Gather basic documents and information

Before you file, collect:

• The original will (if one exists).
• Certified death certificate.
• A list of the decedent’s known assets and liabilities (bank accounts, real estate, life insurance, safe deposit boxes, bills, etc.).
• Names and addresses of heirs and other interested parties.

Step 2 — File in the correct court

Probate and appointment of a personal representative occur in the circuit court of the county or city where the decedent lived. Contact that circuit court’s clerk’s office for local procedures and filing requirements. The Virginia Judicial System provides probate information and local contact details at the circuit court level: Virginia Courts — Probate.

Step 3 — Prepare and file the petition

You (or your attorney) will file a petition asking the court to admit the will to probate (if any) and to appoint you as personal representative. Typical filing items include:

• The Petition for Probate/Appointment (local form or pleadings prepared by counsel).
• The original will and any codicils (if one exists).
• Certified death certificate.
• Oath or affidavit about beneficiaries/heirs.
• A proposed bond or a written waiver of bond if the will waives bond for the nominated personal representative.
• Filing fee (varies by court).

Step 4 — Notice and hearing

After you file, the court will provide notice to interested persons (heirs, beneficiaries) and may schedule a hearing. If the will nominates an executor and no one contests, the court commonly admits the will to probate and issues letters to the nominated executor. If there is no will, the court will decide who among the petitioners is entitled to appointment.

Step 5 — Bond (if required) and issuance of letters

Virginia frequently requires a personal representative to post a surety bond to protect the estate’s creditors and heirs unless the will expressly waives bond or the court approves a waiver. Once the court admits the will (or grants administration) and any bond issue is resolved, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if intestate). These letters give the personal representative legal authority to act for the estate.

Step 6 — Duties after appointment

As personal representative you must:

• Secure and inventory estate assets.
• Notify creditors and pay valid debts and taxes.
• File any required inventory, accountings, and tax returns with the court and appropriate agencies.
• Distribute remaining assets to beneficiaries or heirs according to the will or Virginia’s intestacy rules.

Virginia probate statutes describe duties, inventories, accountings, and creditor procedures in Title 64.2. For the full statutory framework see: Va. Code Title 64.2.

Common local procedures and forms

Each circuit court maintains local probate forms and specific filing instructions (petition templates, bond forms, and fee schedules). Contact the clerk of the circuit court in the county or city where the decedent lived or use the court’s website for forms and procedural guidance. See general probate resources for Virginia courts: Virginia Courts — Probate.

Helpful Hints

• Act promptly. Securing assets (locks, bank accounts) preserves estate value and prevents loss.
• If a will names you as executor, present the original will to the circuit court clerk as soon as possible.
• Don’t distribute assets until the court issues letters and you confirm creditor claims are resolved.
• If the will waives bond, bring that provision to the clerk’s attention and provide any required waivers from beneficiaries to avoid bonding.
• Get certified copies of the death certificate—banks and other institutions typically require certified copies before releasing assets.
• Keep detailed records and receipts of all estate transactions. The court or heirs may later require an accounting.
• If someone contests the appointment or the will, contact an attorney promptly—contested probate can involve strict deadlines and complex evidence rules.
• For small estates there may be simplified procedures. Ask the circuit court clerk whether the estate qualifies for a summary or small‑estate process.
• Search Va. Code Title 64.2 for statutory rules and duties: https://law.lis.virginia.gov/vacode/title64.2/.
• When in doubt, consult a Virginia probate or estate attorney to avoid personal liability for mistakes as personal representative.