Who will qualify as an executor under a will?
If there is a will, and an executor or executors is named in the will, the person or persons specified will qualify.

If there is a will, but no executor is named or the specified executor refuses or ceases to serve, the circuit court may grant administration to an alternate executor or a beneficiary of the will.

If there is no will, the surviving spouse is given preference in the appointment of a personal representative, followed by the other natural distributees (children, parents, etc.). Anyone having an interest in the estate may qualify after 30 days.

Whoever is appointed as an executor must take an oath to faithfully perform the duties required and must give bond in an amount at least equal to the value of the estate. If the will does not waive surety, surety must be given on the bond.

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1. What terms are involved in the administration of estates?
2. When should a will be probated, or, if there is no will, when should a personal representative be appointed?
3. Who inherits the property of an estate (person dying without a will)?
4. How long does it take to probate a will or appoint a personal representative on an intestate's estate?
5. What taxes and fees are associated with probate?
6. Is it always necessary to have someone qualify as a personal representative on a decedent's estate?
7. Who will qualify as an executor under a will?
8. Who has jurisdiction to qualify administrators on a decedent's estate in Virginia?
9. Where should I go to qualify as a personal representative on someone's estate?
10. How do I submit a record and copy request and is there a fee?