You open a certified envelope and find out you have been named the executor of a will for a loved one. Amid the grief and family questions, you must now handle legal responsibilities, financial details, and official filings. Where do you even start?
In this post, we explain step by step what the executor of an estate in Virginia must do.
What Is an Executor of a Will?
A will’s executor is the person chosen by the deceased to carry out the directions outlined in their will. Also referred to as a personal representative, this individual manages the estate. The role holds significant legal responsibilities. As an executor, you are not merely assisting, but have a fiduciary obligation to consistently act in the estate’s and beneficiaries’ best interests.
If the will does not name an executor or the person named cannot or refuses to serve, the court may appoint an administrator instead.
What Does the Executor of a Will Do?
Your role means taking care of both big-picture decisions and detailed administrative tasks.
The executor initiates the probate process, manages all estate assets, notifies and pays creditors, prepares tax documents, distributes property, and files required reports with the court. These duties are regulated by state law and overseen by the Commissioner of Accounts.
Executing a Will in Virginia
Virginia has a clearly defined legal process to help you confidently carry out your responsibilities.
Step 1: Locate and File the Will
Your first duty is to locate the original will and submit it to the circuit court in the city or county where the deceased lived at the time of death. This begins the probate process.
You may not need full probate proceedings if the estate qualifies as a small estate (generally under $50,000). However, most estates will require formal administration through the court.
Step 2: Qualify as Executor
Before you act on behalf of the estate, you must officially qualify as the executor with the Clerk of the Circuit Court. This involves:
- Taking an oath to uphold your duties;
- Posting bond with or without surety, depending on the estate;
- Providing the will and a list of heirs; and
- Paying court filing fees.
Once you qualify, the court issues letters of testamentary, which give you the authority to act on behalf of the estate.
Step 3: Identify and Secure Assets
You will need to locate, list, and protect all assets the deceased owned. These may include:
- Real estate,
- Bank accounts,
- Investment accounts,
- Personal property, and
- Business interests.
You must submit an inventory of the estate, which includes the estimated value of all probate assets, to the Commissioner of Accounts.
Step 4: Notify Creditors and Pay Debts
Under Virginia law, you must publish notice of the estate administration in a local newspaper, allowing creditors to file claims. You will also need to:
- Review and validate creditor claims;
- Pay valid debts, including funeral expenses and taxes; and
- Dispute or deny improper claims, if needed.
You are responsible for ensuring these debts are handled before any distribution to heirs or beneficiaries.
Step 5: File Required Reports and Tax Returns
The executor of an estate in Virginia must file:
- Inventory report within four months;
- First accounting report within 16 months; and
- Federal and state income tax returns for the deceased and the estate, if applicable.
Depending on the estate’s value, you may also need to file estate tax returns. Most estates are not subject to federal estate taxes because of high exemption thresholds.
Step 6: Distribute Assets and Close the Estate
After settling debts, taxes, and administrative costs, you can distribute the remaining property according to the will’s instructions. You will need to:
- Prepare detailed records of all distributions,
- File a final accounting with the Commissioner of Accounts, and
- Obtain court approval to close the estate.
Only then can you officially complete your duties as executor.
How Long Does an Executor Have to Settle an Estate in Virginia?
Settling an estate depends on its complexity, but most cases take 12 to 18 months. The law requires specific filing deadlines, but no fixed deadline for closing the estate exists.
It is important to be aware that unforeseen delays can occur, such as:
- Disputes among beneficiaries,
- Real estate sales,
- Tax complications, and
- Incomplete or missing records.
If you have trouble meeting your duties on time, the court may intervene or appoint a substitute.
Get Guidance Rooted in Real Results
At Tavss Fletcher, we understand how personal this role can be. For more than 30 years, our attorneys have worked closely with individuals and families throughout southeastern Virginia and northeastern North Carolina, helping them meet their legal obligations with compassion and care.
More importantly, our clients trust us because we take the time to listen and guide them with clarity and respect, whether they are executors, heirs, or grieving family members.
Ready for Support with Your Executor Duties?
Whether you are in the early stages or handling complex filings, we are here to help you carry out your duties with clarity and care. Talk to us about how to move forward.
Frequently Asked Questions
Do I Get Paid for Being an Executor?
Virginia law allows executors to receive “reasonable compensation” for their services. The amount is subject to court approval and varies depending on the size and complexity of the estate.
Can I Decline to Serve as Executor?
If you do not wish to take on the role, you may formally decline, and the court will appoint an alternate or an administrator.
Do I Need a Lawyer to Help Administer an Estate in Virginia?
While not legally required, working with an attorney can help you meet strict deadlines, avoid costly errors, and confidently fulfill your fiduciary duties.
Resources:
- Fairfax County Circuit Court, The Administration of Estates, link.
- Commissioner of Accounts for the Circuit Court of Henrico County, Virginia, Duties of the Administrator or Executor, link.
- The Virginia Bar Association, Guide to Decedents’ Estates, link.
- Virginia State Bar, Probate in Virginia, link.
- Payment or delivery of small asset by affidavit, Va. Code Ann. 64.2-601 (2024), link.