How to Be Appointed Administrator of Your Sister’s Intestate Estate in Virginia

Short answer: If your sister died without a will (intestate) and you want to be appointed as the estates administrator (personal representative) in Virginia, you must file a petition in the circuit court of the county or city where she lived, establish your relationship and priority to inherit, complete required court forms (including an oath and bond unless waived), give required notices, and attend any court hearing. The court will appoint the person it finds entitled and suitable under Virginia law. See Virginia Code Title 64.2 (Wills, Trusts, and Administration): https://law.lis.virginia.gov/vacode/title64.2/.

Detailed answer: Step-by-step guide under Virginia law

1. Confirm domicile and intestacy

Begin by confirming that your sister was a Virginia domiciliary (lived in a Virginia county or city) when she died. Probate and appointment of administrators are handled by the circuit court in the place where the decedent was domiciled. If she did not have a will, Virginia treats the estate as intestate and distributes assets according to the Virginia Code (Title 64.2). For the text of the statutes, see: Va. Code Title 64.2.

2. Determine priority to serve as administrator

Virginia gives priority to certain people to serve as personal representative. Generally, the highest-priority person who petitions the court will be appointed if they are qualified and available. Priority typically follows closer family members first (for example: surviving spouse, children, parents). If there is no spouse, children, or surviving parent, a sibling may have priority. If multiple persons in the same priority class petition, the court will select the most appropriate person. If you are the sister and no closer relative seeks appointment, you are likely a proper candidate. The circuit court clerk can explain current priority practice in your locality.

3. Prepare and file the petition for appointment

Go to the circuit court clerks office in the county or city where the decedent lived and obtain the forms or instructions for filing a petition to appoint an administrator (personal representative) of an intestate estate. The petition typically asks for:

• Decedents full name and date of death
• Decedents last residence (county or city)
• Names and addresses of heirs and next of kin
• Your relationship to the decedent and a statement that no will exists
• Request to be appointed personal representative

4. Provide the death certificate and identify heirs

Attach an official death certificate if available. You must also provide the court with the names and addresses of the decedents heirs (people entitled to inherit under intestacy). The clerk often requires an affidavit or form listing heirs and next of kin.

5. Bond and oath

Virginia courts commonly require the personal representative to take an oath and post a fiduciary bond to protect estate creditors and beneficiaries. The court may waive or reduce the bond if all interested parties consent or if a statute or order allows waiver. Ask the clerk about the countys bond practice and how to obtain a surety bond if required.

6. Notice and possible hearing

After you file, the court will set a hearing date or process the petition administratively. The clerk will explain required notices to interested persons and creditors. If someone objects to your appointment (for example, another relative objects or challenges your qualifications), the court will hold a contested hearing and evaluate the parties claims.

7. Appointment and Letters Testamentary/Letters of Administration

If the court approves your petition, the judge will sign an order appointing you as the personal representative. The clerk will issue letters of administration (sometimes called letters of appointment) that you will use to manage the estates assets—collect assets, pay debts and taxes, and distribute property to heirs under intestacy rules.

8. Administration duties

As administrator you must inventory estate assets, notify creditors, pay valid debts and taxes, and distribute remaining property according to Virginias intestacy rules. You must keep records and may need to file periodic accountings depending on the estate size and local practice.

What to bring to the clerks office

• Certified death certificate
• Your ID (drivers license or passport)
• Names and contact details for heirs and any likely creditors
• Information about the decedents assets (bank accounts, real property, insurance)
• Court filing fee (varies by jurisdiction) and funds for bond premium if required

If someone contests your appointment

Objections can be based on a closer relatives priority, allegations of incapacity, misconduct, or conflict of interest. If a contest arises, the court will schedule a hearing where you and the objecting party present evidence. The judge decides who is best suited to serve. If you anticipate a dispute, consider consulting an attorney experienced in Virginia probate to represent you or to advise on strategy.

Timeframe and costs

Simple uncontested appointments can occur in a few weeks once papers are filed and notices served. More complex or contested cases take months. Expect court filing fees, bond premium, and possible attorney fees. The exact amounts vary by county and estate complexity.

Statutes and where to read them

Virginias rules for wills, administration, and intestate succession appear in Title 64.2 of the Code of Virginia. You can read the statutes here: https://law.lis.virginia.gov/vacode/title64.2/. For local procedures and forms, contact the circuit court clerks office in the city or county where your sister lived.

Helpful Hints

• Contact the circuit court clerk early. Clerks provide local forms, fee schedules, and practice tips.
• Gather documentation before filing: death certificate, account statements, deed copies, and a list of likely heirs and creditors.
• If all heirs agree you should serve, get written consent waiving bond if possible; that speeds appointment and may remove the need for a bond.
• Be prepared to post a bond. If you cannot afford a bond, ask the clerk whether heirs can agree to waive it or whether the court will set a reduced bond.
• If the estate is small, ask the clerk about simplified procedures or small estate remedies that limit administration steps.
• Keep clear records of all estate transactions and consider opening an estate bank account using your letters of administration.
• If any dispute appears likely, consult a probate attorney promptly to protect the estate and your position.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws and local court practices change and facts vary by case. For advice tailored to your situation and for help with court filings or contested matters, contact a licensed Virginia attorney or the circuit court clerk in the jurisdiction where your sister lived.