Executor Duties in Virginia

Main duties and deadlines for a Virginia personal representative: at qualification, furnish a list of heirs under oath (recorded by the clerk); within 30 days after qualification or probate, send written notice of probate or qualification, and of the right to copies of the will, inventories and accounts, to the surviving spouse, all heirs and the beneficiaries, then file an affidavit that notice was given; within four months after qualification, file an inventory with the commissioner of accounts; optionally publish a notice to creditors and pay valid debts in the statutory order; within 16 months after qualification, file the first account covering the first 12 months with the commissioner of accounts, and later accounts each year (due four months after each 12-month period) until the estate is settled, or a statement in lieu of settlement where allowed.

In Virginia the personal representative 'qualifies' before the circuit court or the clerk of the circuit court in the county or city where the decedent lived, and the clerk issues a certificate of qualification (letters). With a will, the named executor offers the will for probate and qualifies; without one, administration goes in the first 30 days to a sole distributee (or one with waivers from the others), then to the first distributee who applies, and after 60 days a creditor or other person may qualify after notice. The personal representative takes the oath and posts bond, usually at least equal to the personal estate (surety may be excused, for example when the will waives it for a named executor). Applicants use statewide forms such as the CC-1650 Probate Information Form and the CC-1611 List of Heirs. Estates are then supervised by a commissioner of accounts.

A personal representative may publish a notice to creditors once a week for two consecutive weeks and mail it to known creditors with disputed claims. Claims must then be presented in writing to the personal representative (or filed with the commissioner of accounts) by the later of six months after first publication or 90 days after the notice is mailed or delivered to the claimant. A representative who complies in good faith is not liable on late claims beyond the assets still on hand. Separately, after six months from qualification the court may order creditors to show cause against distribution; distributees may still be required to refund their share of valid claims in a suit brought within five years after distribution.