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The Ultimate Executor Checklist: An Overview

The Ultimate Executor Checklist: An Overview

Grief hits hard, and the paperwork that follows can feel like a second wave. If you have been named to handle a loved one’s estate, you are not alone in feeling unsure where to start.

At Commonwealth Life and Legacy Counsel, Michael and Lelia Winget-Hernandez lead a Central Virginia team that focuses on estate planning and elder law with a warm, steady approach. The purpose of this article is to provide a clear and practical overview for serving as an executor in Virginia.

What an Executor Does: An Overview

An executor manages the estate of someone who has passed away. You collect and protect assets, pay valid debts and taxes, then transfer what remains to the beneficiaries named in the will. Every step should track what the will says and what Virginia law requires.

If there is a will, the person named to serve is the executor. If there is no will, the Circuit Court can appoint an administrator to do the same job under the intestacy rules.

Executors carry a fiduciary duty. That means you must act in the best interest of the estate and its beneficiaries, keep good records, and avoid any personal benefit from estate property.

Step 1: Initial Actions After Death

The first few tasks build the foundation for everything that follows. Focus on safety, documents, and any wishes that were left behind for services.

  • Order multiple certified death certificates, often 8 to 12, from the funeral home or vital records office.
  • Find the original will, any trust paperwork, and a list of accounts or safe deposit keys.
  • Arrange the funeral or memorial service according to the deceased’s written instructions or known preferences.
  • Secure the home, vehicles, mail, and digital accounts to prevent loss, theft, or damage.

Keep receipts and notes as you go. A small notebook or shared spreadsheet saves time later.

Step 2: Starting the Probate Process in Virginia

Probate in Virginia typically begins with the Clerk of the Circuit Court in the city or county where the person resided. Bring the original will, a certified death certificate, and a rough idea of the estate’s assets to your appointment.

  • File the will with the Circuit Court that covers the decedent’s residence.
  • Before petitioning to qualify as an executor or personal representative, it is strongly recommended to speak with an estate administration attorney, especially if there is any possibility of disputes, creditor issues, or family conflict. Filing to qualify too early can create unnecessary complications and limit your options.
  • Petition to qualify as executor or personal representative.
  • Obtain Letters Testamentary, which prove your authority to act for the estate.

Virginia also requires notices to be sent to heirs and beneficiaries soon after qualification, followed by an affidavit proving that these notices were sent. The Commissioner of Accounts oversees your inventory and accounting, and you must meet set deadlines.

Virginia Probate Timeline at a Glance

Task Who Reviews Typical Virginia Deadline
Send notice of probate to heirs and the beneficiaries Notices sent by the executor Within 30 days of qualification
File an affidavit proving notice was sent Clerk of Circuit Court Within 4 months of qualification
File Inventory of Estate Commissioner of Accounts Within 4 months of qualification
First Account filed Commissioner of Accounts Within 16 months of qualification
Subsequent Accounts, if needed Commissioner of Accounts Annually until the final

Deadlines and forms vary by locality. The Clerk’s office and the Commissioner of Accounts provide checklists and fee schedules to help you stay on track.

Step 3: Inventorying and Managing Estate Assets

After you qualify, turn to the assets. Create a master list, then back it up with supporting statements, photos, and appraisals as needed.

  • List real estate, bank, and credit union accounts, retirement plans, brokerage accounts, vehicles, life insurance, and personal items of value.
  • Include digital assets, such as online financial accounts, email, and cloud storage.
  • Identify non-probate assets, such as accounts with named beneficiaries or jointly owned property, as they pass outside of probate.

Get date-of-death values for the inventory and for tax purposes. That often calls for account statements as of the date of death, real estate opinions or appraisals, and valuations for collectibles.

Open an estate bank account using an IRS EIN. Deposit estate income into that account and pay all estate expenses from it.

Step 4: Handling Debts, Claims, and Taxes

Creditors must be handled in the right order, and only valid claims get paid. Virginia law prioritizes administration expenses, certain family allowances, taxes, and other debts.

  1. Review claims and bills, then pay only those that are valid and properly prioritized.
  2. File the final individual income tax return, Form 1040, for the year of death.
  3. File the estate income tax return, Form 1041, for income earned by the estate after death, if required.
  4. Check the current federal estate tax exemption to see if Form 706 is required, then file and pay on time to avoid penalties.

Keep copies of every claim, check, and tax filing. Good records protect you and make court accountings much easier.

Step 5: Distributing Assets and Closing the Estate

Once debts, taxes, and expenses are settled, you can then consider distributions. Match each bequest with the will’s instructions and your inventory list.

  • Prepare a final account that shows every dollar in and out, plus current balances.
  • Transfer property to the beneficiaries named in the will, then obtain receipts or written releases.
  • File for discharge with the court after the Commissioner of Accounts approves your final account.

Closing the estate ends your responsibilities. Keep a full copy of the final account, receipts, and the court’s discharge order for your records.

Common Executor Challenges and How to Address Them

Even the smoothest estates throw a curveball or two. Clear communication, strong records, and steady pacing usually solve most issues.

Family Disputes

Tension often shows up around sentimental items or unequal gifts. Share timelines and decisions in writing, offer a reasonable system for selecting personal items, and stick to the will and the law.

Complex Assets

Business interests, rental properties, or intellectual property call for careful handling. Work with appraisers, accountants, and property managers to preserve value and document decisions.

Unexpected Debts

Old credit cards or medical bills can surface late. Compare each claim with your records, confirm validity, and follow Virginia’s order of payment before distributing anything to beneficiaries.

Need Assistance with Estate Administration?

Commonwealth Life and Legacy Counsel helps families across Central Virginia with probate and estate administration from start to finish. Led by Michael and Lelia Winget-Hernandez, our team brings a calm, hands-on approach during challenging times. We welcome your questions and can guide you through the process that best suits your situation.

Feel free to call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348. You can also email info@winget-hernandez.com or visit our Contact Us page to set up a consultation. A short call can save hours of stress later and help you feel more confident about each step ahead.