Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Virginia law, a personal representative (formerly called executor or administrator) oversees the estate of someone who has died. You file for appointment in the circuit court of the decedent’s domicile. Once appointed, you manage assets, pay debts, and distribute property.
1. Determine Eligibility and Gather Documents
You may serve if you are a named executor in a valid will or an eligible heir if there is no will. You must obtain the original will (if available), a certified death certificate, a list of heirs or beneficiaries, and any required bond.
2. File the Petition
Submit a petition for probate or administration in the circuit court where the decedent lived. See Va. Code § 64.2-501 for venue rules. Attach the will (if any), death certificate, and waivers from other nominees if applicable.
3. Serve Notice and Publish
Within 15 days of filing, serve notice on all heirs and beneficiaries. If there is no will, publish a notice to creditors in a local newspaper. See Va. Code § 64.2-613 and § 64.2-616 for creditor notice requirements.
4. Attend the Hearing and Obtain Your Letters
The court typically schedules a hearing within 2–4 weeks. If the judge approves, the court issues letters testamentary (with a will) or letters of administration (without a will). See Va. Code § 64.2-502.
5. Timeline Overview
- Initial filing to issuance of letters: usually 2–4 weeks.
- Creditors have up to 4 months from notice to file claims (Va. Code § 64.2-616).
- Typical estate administration lasts 6–12 months, depending on complexity and any disputes.
Helpful Hints
- Review court forms online at your local circuit court’s website for correct filing.
- Consider whether a surety bond is necessary; beneficiaries can waive bond requirements.
- Keep a detailed inventory of estate assets, debts, and expenses.
- Track creditor claim deadlines to avoid personal liability for unpaid claims.
- Consult a probate attorney if disputes, real estate, or complex assets arise.