The requirements to be an executor in Virginia come down to this: you must be at least 18, mentally competent, not currently confined for a felony, and formally approved as “suitable and competent” by the circuit court clerk in the city or county where the deceased lived. Being named in the will is only the starting point. Before you can act, you take an oath, sometimes post a bond, and receive a Certificate of Qualification. After that, Virginia holds you to strict deadlines for inventories, accountings, and tax filings, with personal liability if you get them wrong.
Who Can Serve
Virginia Code § 64.2-500 sets the eligibility standard: the court or clerk must be satisfied the nominated person is “suitable and competent to perform the duties of his office” and is not under a legal disability.1Virginia Code Commission. Virginia Code 64.2-500 – Grant of Administration With the Will Annexed
There is no age listed in the executor statutes themselves. The age requirement comes in through the back door: § 64.2-500 bars anyone “under a disability as defined in § 8.01-2,” and that definition includes “an infant,” meaning anyone under 18 in Virginia. Practically, you need to be 18 or older.
There is no formal competency test either. The clerk evaluates fitness during the qualification appointment, and interested parties can object if they believe the nominated executor cannot responsibly manage financial affairs.
Individuals are not the only option. Banks and trust companies authorized to do business in the Commonwealth can serve in a fiduciary capacity, and professional law corporations may qualify as executor as part of their legal practice.2Virginia Code Commission. Virginia Code 13.1-546.1 – Professional Law Corporations May Qualify as Executor, Administrator or in Other Fiduciary Capacity Institutional executors are most common on large or complex estates.p>
Who Cannot Serve
Three categories of people are disqualified under § 8.01-2:
- Minors. Anyone under 18 cannot serve, even if the will names them.
- Incapacitated persons. Anyone a court has adjudicated incapacitated cannot manage an estate.
- Felony convicts during confinement. A felony conviction disqualifies you only while you are actually confined.3Virginia Code Commission. Virginia Code 8.01-2 – Definitions
That last one is often misunderstood. The felony bar is not permanent. Once released, the conviction alone does not automatically prevent someone from qualifying, though the clerk still must find them suitable and competent, and a beneficiary who objects would likely get a hearing.
A separate provision in § 64.2-500 bars a spouse or parent who deserted or abandoned the deceased from serving as administrator if any beneficiary objects.1Virginia Code Commission. Virginia Code 64.2-500 – Grant of Administration With the Will Annexed This rule applies to administration with the will annexed rather than to executors named directly in a will, but it signals Virginia’s general concern about conflicts of interest.
Extra Rules for Out-of-State Executors
Virginia allows nonresidents to serve, but with two added conditions.
First, a nonresident must file a written consent to accept service of process through either the clerk of the circuit court where they qualify or a Virginia resident designated as their agent.4Virginia Code Commission. Virginia Code 64.2-1426 – Nonresident Fiduciaries The court system provides Form CC-1610 for this filing.5Virginia Judicial System. Virginia Form CC-1610 – Consent of Nonresident Fiduciary for Service of Process Without it, a nonresident cannot qualify.
Second, nonresidents must post a bond with surety in every case, regardless of what the will says. There are only two exceptions: a Virginia resident co-executor qualifies at the same time, or the court or clerk affirmatively waives surety. This differs from the rule for Virginia residents, whose bond waivers in a will are generally honored.
Qualifying at the Circuit Court
Being named in the will does not make you an executor. Authority comes only after the circuit court clerk formally qualifies you. Qualification happens at the clerk’s office in the city or county where the deceased lived.
Bring the original will and a certified death certificate. You then take a statutory oath, swearing that the document is the decedent’s true last will as far as you know and that you will faithfully carry out your duties.6Virginia Code Commission. Virginia Code 64.2-501 – Oath of Executor or Administrator With the Will Annexed
Once the oath is taken and any required bond is in place, the clerk issues a Certificate of Qualification, sometimes called Letters Testamentary. That certificate is your proof of authority. Banks, title companies, and government agencies will all require a certified copy before letting you access accounts, transfer property, or otherwise act for the estate.
When Bond Is Required
Virginia’s default is that executors must post bond. The statute recognizes two situations where bond is not required:
- Every beneficiary under the will is also serving as a personal representative.
- The will specifically waives the security requirement.
Even when the will waives bond, any beneficiary, heir, or person with a financial interest in the estate can petition the court to require it. The court holds a hearing and can impose bond in whatever amount it finds sufficient.7Virginia Code Commission. Virginia Code 64.2-505 – When Security Not Required Nonresidents, as noted above, generally cannot rely on a will’s waiver.
What You Must Do After You Qualify
Qualifying triggers ongoing obligations that many first-time executors do not anticipate. Virginia’s Commissioner of Accounts, appointed by the circuit court, supervises the work.
Inventory Within Four Months
Within four months of qualification, you must file a complete inventory with the Commissioner of Accounts. It lists all estate assets, including personal property, real estate the executor has power to sell, bank accounts, and anything else belonging to the deceased. Each item is valued at fair market value as of the date of death.8Virginia Code Commission. Virginia Code 64.2-1300 – Inventories to Be Filed With Commissioners of Accounts Reasonable appraisal and valuation costs are administration expenses the estate can cover.
Accountings on a 12-Month Cycle
The first accounting is due within 16 months of qualification and covers the first 12 months of administration. It details every dollar received, every expense paid, and every distribution made. After that, each successive accounting covers a 12-month period and is due within four months of that period’s end.9Virginia Code Commission. Virginia Code 64.2-1304 – Personal Representatives The Commissioner reviews accountings for accuracy and can flag problems to the court. Treat the four-month and 16-month deadlines as hard dates.
Taxes
If the estate’s gross value exceeds $15 million, you must file IRS Form 706, the federal estate tax return, with a top rate of 40%.10Internal Revenue Service. Frequently Asked Questions on Estate Taxes Most estates fall below that threshold, but you still need to value the estate to confirm no filing is required. Virginia itself imposes no state estate tax or inheritance tax, having repealed its estate tax effective July 1, 2007.11Virginia Tax. Estate and Inheritance Taxes You are also responsible for the decedent’s final individual income tax return and, if the estate generates income during administration, an estate income tax return.
Compensation
Virginia does not fix a percentage. The law allows “a reasonable compensation in the form of a commission on receipts or otherwise,” as determined by the Commissioner of Accounts when reviewing the accountings.12Virginia Code Commission. Virginia Code 64.2-1208 – Expenses and Commissions Allowed Fiduciaries Reasonableness depends on the estate’s size, complexity, and the actual work performed. Attorney fees, appraisal costs, and similar administration expenses are reimbursable separately.
Personal Liability
An executor who mismanages assets, distributes property before settling debts, or misses required tax filings can be held personally liable for the losses. Personal liability means paying out of your own pocket rather than the estate’s. The most common trouble spots are distributing to beneficiaries before creditor claims and taxes are resolved, selling property without proper valuations, and failing to keep detailed transaction records. Honest mistakes can still create liability. The Commissioner of Accounts reviews after the fact, so by the time a problem surfaces in an accounting, the damage may already be done. If the estate is large, contested, or tax-complicated, hire a probate attorney early rather than working through the requirements alone.