Step 1 — Confirm the administrator’s death and gather documents

Obtain an official death certificate and gather the estate file: the original will (if any), the letters of administration or letters testamentary previously issued, inventories, inventories in progress, accountings, and any court orders already entered. Deliver copies of the death certificate and relevant estate papers to the circuit court clerk handling the estate.

Step 2 — Determine whether a named successor exists in the will

If the decedent’s will named an executor and that executor has died, the will may name an alternate executor. If an alternate is named and willing and qualified to serve, that person can petition the court for letters testamentary to complete probate. If no executor or alternate exists, the court will appoint an administrator.

Step 3 — Petition the circuit court for a successor administrator

An interested person (an heir, beneficiary, creditor, or other interested party) should file a petition in the circuit court that has jurisdiction over the estate asking the court to appoint a successor administrator or to issue administration de bonis non to administer remaining estate assets. The local circuit court handles appointments of personal representatives for estates in Virginia. For general statutory rules on wills and administration, see Virginia Code Title 64.2: Wills, Trusts, and Administration of Estates: https://law.lis.virginia.gov/vacode/title64.2/

Step 4 — Notice, bond, and qualification

The court will require the proposed administrator to qualify (take any required oath) and, unless waived, post a surety bond. The court also will direct what notices must be given to beneficiaries and creditors and may reopen publication requirements if necessary. If the deceased administrator had posted a bond, the surety may have claims or obligations that factor into appointment and liability questions.

Step 5 — Inventory, accounting, and completing remaining tasks

The successor administrator takes over the remaining duties: complete inventories, collect assets, pay valid debts and taxes, sell assets if needed with court approval, and distribute property according to the will or Virginia intestacy law. The successor must file any required accountings and report distributions to the court. If the estate administration had already started, the successor will often file an affidavit or status report describing what remains to be done and the actions already taken by the prior administrator.

Step 6 — Address potential claims or issues from the prior administrator

If the original administrator misapplied funds, failed to perform duties, or made accounting errors before dying, interested parties can ask the court to review the prior administrator’s actions. The court has authority to require a final accounting by the prior administrator’s estate or to surcharge (hold personally liable) the former fiduciary’s estate or surety if misconduct or negligence occurred.

Practical considerations and where to file

All petitions and filings for appointment of a successor personal representative are made in the circuit court of the county or city where the decedent was domiciled when they died. Virginia circuit court clerks provide local procedures and forms. For general probate process guidance from the Virginia courts, see: https://www.vacourts.gov/courts/circuit/probate/index.html

Hypothetical example

Suppose Mary was appointed administrator of her brother John’s estate and obtained letters of administration. Mary died six months later after transferring some estate funds to pay bills, but she left unpaid taxes and an incomplete inventory. John’s heirs would obtain Mary’s death certificate, present it to the circuit court, and an interested heir (or a creditor) would petition the court to appoint a successor administrator to finish the inventory, notify creditors, resolve tax matters, and distribute the remaining estate assets. The successor may also need to address Mary’s prior actions if discrepancies appear in the accounting.

Relevant Virginia law and resources

• Virginia Code — Title 64.2, Wills, Trusts, and Administration of Estates: https://law.lis.virginia.gov/vacode/title64.2/
• Probate and circuit court information (Virginia Judicial System): https://www.vacourts.gov/courts/circuit/probate/index.html
• Virginia Department of Health — Vital Records (ordering death certificates): https://www.vdh.virginia.gov/vital-records/

Helpful Hints

• Notify the probate court as soon as possible and file the administrator’s death certificate with the estate file.
• Collect and preserve all estate records already gathered by the deceased administrator (bank statements, check copies, receipts, inventories, and court filings).
• Check the will for alternate executors or provisions directing a successor; a named alternate can simplify appointment.
• Talk to the circuit court clerk about local filing requirements and whether you must re-publish creditor notices or re-file inventories.
• Consider hiring an attorney experienced in Virginia probate to file the necessary petition, prepare accountings, and handle potential disputes or claims against the prior administrator.
• If the deceased administrator posted a bond, check whether claims should be made against the bond for any losses caused by their administration.
• Keep beneficiaries and known creditors informed in writing; transparent communication reduces disputes and delays.