Q: My aunt has recently died and named an executor in her will. Are they automatically made administrators by the Court?
A:
Virginia still uses the old, pre-UPC terms for fiduciaries, so the terms are executor/executrix, administrator/administratrix, and administrator/administratrix c.t.a. Often, the UPC term
personal representative is used to include all of those terms. A Executor administers a will in a testate estate. An Administrator administers an intestate estate (where there is no will). An Administrator c.t.a. administers a testate estate where the designated executor is unavailable or unwilling to serve. So, if your aunt left a will naming an executor, that person needs to file a probate information form to open the probate. If the executor does not wish to serve, someone else in the family can seek to be appointed administrator c.t.a. It does not happen automatically, and they aren't made administrators.
A: A named executor in a will has limited statutory powers under Virginia Code Section 64.2-511 prior to qualification. A named executor is not required to become the acting, qualified, appointed executor. The process is not automatic. In order to become appointed, the executor or administrator must qualify before the clerk of the Circuit Court, make an oath, file some documents including an initial inventory, pay some fees, and possibly post a bond, unless waived in the will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
