The Virginia executor's checklist: what the job actually involves

Being named executor in someone's will is something most people accept casually, often years before they have any idea what it actually entails. Then the person dies, and you discover that "executor" is a court-appointed role with statutory duties, fixed deadlines, personal liability for mistakes, and a baseline time commitment of nine to eighteen months for even simple estates. The will doesn't run itself. You run it.

What follows is a practical walkthrough of probate administration in Virginia, from qualification through final accounting. It's not legal advice — every estate has its own quirks, and meaningful estates almost always benefit from a probate attorney. But it's the rough shape of the job, with the deadlines and the dollar figures and the named forms, so you know what you're walking into.

Before you qualify, decide whether you actually want to

You can decline. Most people don't realize this. If the will names you executor and you don't want the job, you can refuse the appointment by signing a renunciation at the circuit court. The will's named alternate steps in. If there's no alternate, the court appoints an administrator from among the heirs.

There are real reasons to decline. The job is unpaid until you finish it (compensation is calculated on completion, not advanced), it's exposed to personal liability if you distribute assets before debts are resolved, it can take a year and a half of part-time work for an estate with any complexity, and it puts you in the middle of every disagreement among the beneficiaries — which is most of them. If you have a complicated relationship with one of the heirs, or you live in another state, or you're already overwhelmed by your own life, declining is a reasonable choice. The will was written years ago by someone who didn't know what your life would look like in the moment they died.

If you accept, do it cleanly. Don't half-accept. Don't tell people you're "looking into it." Once you qualify, you're the personal representative of the estate, and there are statutory duties attached to that title from the day the clerk swears you in.

The qualification meeting

You qualify at the circuit court clerk's office in the county or city where the decedent lived at the time of death. Article one in this series (The first 30 days after a death) covers what to bring; the short version is the original will, a certified death certificate, names and addresses of all heirs at law, an estimate of the value of the decedent's solely-owned probate estate, and a checkbook for the probate tax (10¢ per $100 over $15,000, plus optional local 1/3 tax).

Two things at the meeting matter beyond the paperwork.

The bond. Virginia executors must post a bond in an amount the clerk sets, typically equal to the value of the personal property under your control. If the will waives surety on the bond, the bond is uncosted — you're the surety. If the will doesn't waive surety, you'll need to obtain a surety bond from a bonding company before the appointment is final. Surety bonds run roughly $5–$10 per $1,000 of estate value annually, so a $400,000 estate might cost $2,000–$4,000 a year in premium. This is a real cost that comes out of estate funds. Read the will carefully before the meeting; "I waive the requirement of surety on the bond of my executor" is the language to look for.

The Letter of Qualification. At the end of the meeting, the clerk issues you a Letter of Qualification (sometimes still called Letters Testamentary or Letters of Administration). This document is your proof of authority. Every bank, broker, insurer, and government agency you talk to will ask for it. Order at least four certified copies at the meeting. They're a few dollars each and you'll need them all.

You also receive a packet of forms and instructions from the probate clerk. The packet varies by jurisdiction but always includes the inventory form (CC-1670), the accounting form (CC-1680), and the notice forms. Don't lose this packet. Each form has its own instruction sheet bound into the packet that explains how to complete it; the instructions are often clearer than the forms themselves.

The first 30 days as executor

Most of these tasks have to happen within 30 days of qualification.

Notice to heirs and beneficiaries

Within 30 days of qualification, you must give written notice to every heir at law and every beneficiary named in the will. The form is called Notice Regarding Estate (Form CC-1616) and the clerk gives it to you at qualification. You then file an Affidavit of Notice (Form CC-1617) with the clerk confirming you sent it.

This is non-negotiable and easy to forget. The notice is short — it tells the recipient that you've qualified, where the will is filed, and that they have a right to receive copies of inventories and accountings. Send it to every heir at law (the people who would inherit if there were no will, regardless of whether they're named in the will) and every will beneficiary. Use certified mail with return receipt and keep the green cards. The Affidavit of Notice gets filed with the clerk and a copy stays with your records.

If you skip this step, the clock on the heirs' rights to challenge the will doesn't start running. Years later, an heir who was never properly noticed can come back and re-open issues you thought were closed.

Get an EIN for the estate

The estate is a separate tax entity from the decedent. It needs its own employer identification number (EIN) from the IRS. Apply online at irs.gov; the EIN is issued immediately. The application takes ten minutes. You'll need the EIN to open the estate's bank account in the next step.

Open an estate bank account

Take the Letter of Qualification, the EIN confirmation letter, and a certified death certificate to a bank — ideally one of the banks where the decedent already had accounts, since they have the existing records and the transition is faster. Open a checking account titled "Estate of [Decedent's Name], [Your Name], Executor."

Every dollar that comes into the estate from this point — collected debts, refunded subscriptions, life insurance proceeds payable to the estate, sale proceeds — flows through this account. Every dollar that leaves the estate flows through it too. Don't mix estate money with your own. Don't pay yourself for time spent on the estate from your own pocket and reimburse later; pay directly from the estate account. The single most common executor mistake is sloppy bookkeeping that makes the accounting impossible to reconstruct a year later.

Transfer or close the decedent's accounts

Once the estate account is open, work through the decedent's bank and brokerage accounts one at a time. Each institution will ask for a death certificate, the Letter of Qualification, and their own internal forms. Some accounts transfer cleanly; others (joint accounts with right of survivorship, for example) bypass probate and go directly to the surviving owner. Document everything as you go.

The inventory: due within four months

Within four months of qualification, Virginia Code § 64.2-1300 requires you to file an inventory of the estate with the commissioner of accounts for your jurisdiction. The form is CC-1670. The instructions are CC-1670-INST. The commissioner of accounts is a court-appointed attorney who reviews fiduciary filings; there's one for every circuit court in Virginia, and they're the person you'll be dealing with for the next 12–18 months.

The inventory lists, valued as of the date of death:

• All personal property held in the decedent's sole name (bank accounts, brokerage accounts, vehicles, household goods, jewelry, collectibles).
• The decedent's interest in multiple-party accounts at financial institutions (joint accounts at banks, even if they passed by survivorship — there's a separate disclosure requirement).
• All real estate in Virginia, whether or not it would otherwise be part of the probate estate.
• All other real estate over which you have power of sale as executor (often, real estate the will directs you to sell).

What does not go on the inventory:

• Property held in joint tenancy with right of survivorship that passes to the survivor.
• Life insurance with a named living beneficiary.
• Retirement accounts (IRA, 401(k)) with a named living beneficiary.
• Payable-on-death (POD) or transfer-on-death (TOD) accounts.
• Property held in a revocable living trust.

These non-probate assets bypass your authority entirely. They're paid directly to the named beneficiaries, who deal with the institution themselves. You don't see the money. This is by design — non-probate transfer mechanisms exist precisely to avoid the probate process.

Valuation is at fair market value as of the date of death. For bank accounts, that's the balance. For brokerage accounts, the closing price on the date of death (the brokerage will issue you a date-of-death valuation report on request). For vehicles, look at Kelley Blue Book or NADA private-party value. For real estate, a current tax assessment is usually accepted, though for estates approaching the federal estate tax threshold you'll want a formal appraisal. Household goods are estimated in lump sum unless something is unusually valuable; "household furnishings, $5,000" is often acceptable for a typical home.

File the original inventory with the commissioner of accounts and keep a copy for your records. The commissioner's office charges a filing fee that varies by jurisdiction — typically $40 to $250 depending on estate size and locality. Fairfax, for example, charges base fees with surcharges for filings over 10 pages. The fee schedule is published on each commissioner's website.

After-acquired assets (things you discover after the inventory is filed) require an amended or additional inventory, due within four months of discovery. You can also list them on the next regular accounting with the commissioner's permission.

Dealing with the decedent's debts

Every estate has debts — credit card balances, the last utility bill, medical bills from the final illness, the mortgage, sometimes a personal loan or a car payment. Your job is to identify them, decide which are legitimate, pay the legitimate ones in the right priority order, and dispute or negotiate the rest.

There are two procedural paths.

The informal path (most solvent estates). You don't have to publish a creditor notice. You pay creditors as bills come in, after verifying each is legitimate. This works fine for estates where you're confident the assets exceed the debts and you're not worried about late-arriving claims.

The formal path (estates with uncertain or contested debts, or where you want bulletproof closure). You ask the commissioner of accounts to convene a Debts and Demands hearing. The commissioner publishes a notice in a local newspaper at least 10 days before the hearing date, posts notice at the courthouse, and on the hearing date hears from any creditor who shows up to file a claim. After the hearing, the commissioner certifies the claims and you pay them in order. Creditors who didn't show up to the hearing are barred from later collection — a meaningful protection for the executor on a complicated estate.

Most simple estates use the informal path. The formal path adds time (typically two to three months) and cost (publication fees, commissioner fees, claim filing fees).

Virginia's statutory order of debt priority (Va. Code § 64.2-528) matters when an estate doesn't have enough money to pay everyone. Pay in this order:

1. Costs and expenses of administration (commissioner fees, attorney fees, executor compensation).
2. The family allowance, exempt property, and homestead allowance (statutory protections for the surviving spouse and minor children).
3. Funeral expenses, capped at $4,000 for the funeral home and $4,000 for the burial plot/marker.
4. Debts and taxes with federal preference (federal taxes).
5. Medical and hospital expenses of the last illness, capped at $2,150 per provider.
6. Debts and taxes due the Commonwealth or any county/city (state taxes, local taxes).
7. Debts due as fiduciary or by agreement.
8. All other claims.

Within each priority class, claims are paid in full before moving to the next class. If a class can't be paid in full, claims within it are pro-rated. Don't pay lower-priority claims if a higher-priority one might exist. That's how executors end up personally liable.

The first accounting: due within sixteen months

Virginia Code § 64.2-1304 requires you to file a first accounting with the commissioner of accounts within sixteen months of qualification, covering the first twelve months of estate activity. The form is CC-1680. The instructions are CC-1680-INST. Plan on a focused weekend to assemble it the first time, two days the next time.

The accounting is a structured statement of every dollar that moved through the estate. The commissioner is essentially auditing your stewardship of the estate's money. The structure:

• Beginning balance. What you started with — the inventory total.
• Receipts. Income and additions during the period (interest, dividends, refunds, after-discovered assets, sale proceeds).
• Disbursements. Money paid out (debts, taxes, administration expenses, distributions to beneficiaries).
• Adjustments and reclassifications. Things that need to be recharacterized (e.g., a check you wrote in error and later voided).
• Ending balance. What's left.

Every line item needs supporting documentation. Bank statements for the entire accounting period. Cancelled checks for every disbursement. Receipts for every expense. Invoices and contracts for any services purchased on the estate's behalf. The commissioner will ask for any of it.

Some commissioners want documentation submitted with the accounting; others want it kept in your records and provided on request. Check the local procedure. If documentation is required, file the original with the commissioner and keep a complete copy yourself. Make a copy of the entire filing before you submit. People lose them.

Filing fees vary. A clean accounting with no surprises and no extensive documentation review is often $100–$300 in commissioner fees. Complex accountings involving litigation, contested claims, or extensive correspondence with the commissioner can run into thousands of dollars at the per-hour rate (Fairfax's commissioner rate is $350/hour as of 2025).

The commissioner reviews the accounting, may send you a list of questions or required corrections, and ultimately issues an order approving the accounting. If the commissioner finds errors or unsupported entries, they'll require you to address them before approval. The clock keeps running on subsequent deadlines while you work through corrections.

Subsequent accountings, every twelve months

After the first accounting is approved, subsequent accountings cover each successive 12-month period and are due four months after the close of each period. So the second accounting covers months 13 through 24 and is due by month 28. The third covers months 25 through 36 and is due by month 40. And so on, until the estate is closed.

For most uncomplicated estates, you'll file the first accounting, finish distributing, and submit a final accounting that closes the estate within the first 18 months. Estates that hold real estate that takes time to sell, estates with ongoing income (rental property, royalty interests), or estates in litigation can run for years and accumulate many accountings.

Distributions to beneficiaries

This is the moment everyone is waiting for, and the moment most likely to create executor liability if you rush it.

Don't distribute anything until:

1. The inventory is filed.
2. All known debts are identified and paid (or you've gone through the formal Debts and Demands hearing and the claim period has closed).
3. You've reserved enough money to cover anticipated administration expenses through final closing — at minimum the commissioner's accounting fees, the executor's compensation if you're taking it, and any tax obligations.
4. The first accounting is filed and approved.

Premature distribution is the most common reason executors get sued by other beneficiaries or held personally liable for unpaid debts. The estate's money belongs to the estate, not the beneficiaries, until you've done the work to verify what's owed and to whom.

When you do distribute, partial distributions are allowed and often appropriate. You don't have to wait until the end. Common pattern: after the first accounting is approved, distribute most of the cash and clearly-titled assets, hold back a 5–10% reserve for the final accounting, and finish the distribution after the final accounting is approved.

Get a receipt and release signed by every beneficiary for every distribution. The form is short — it acknowledges what they received and releases the executor from further claims related to that distribution. The commissioner will want to see receipts and releases as part of closing the estate.

Closing the estate

The estate closes with a final accounting that shows everything paid out and a zero ending balance. You file the final accounting with the commissioner; the commissioner audits it and, if everything is in order, issues an order discharging you as executor.

The discharge is the moment your statutory duties end. Your bond is released. Your authority is exhausted. You're done.

Most uncomplicated Virginia estates close in 12 to 18 months. Complex estates routinely take three years or more. An estate that holds real estate while a sale is pending, or that's in litigation with a creditor, or that has assets in multiple states, or that runs a small business — these all extend the timeline. The good news is that the commissioner doesn't expect you to rush; the timelines are statutory minimums, not maximums.

Executor compensation

Virginia Code § 64.2-1208 entitles an executor to "reasonable compensation" for the work, drawn from estate assets before distribution. If the will specifies a fee, the will controls. If the will refers to a published fee schedule, that schedule is presumed reasonable. If the will is silent, most jurisdictions follow a tiered formula that the commissioner will approve without argument:

• 5% on the first $400,000 of principal (the inventory total).
• 4% on the next $300,000 (so principal from $400,001 to $700,000).
• 3% on the next $300,000 ($700,001 to $1,000,000).
• 2% on principal over $1,000,000 (negotiated above $10M).
• 5% on income receipts during the accounting period (interest, dividends, rents — not capital gains).

On a $400,000 estate, that's $20,000 over the life of the administration. On an $800,000 estate, $32,000. On a $2,000,000 estate, $59,000. Compensation is taken from estate funds and paid through the accountings; you don't write yourself a check directly.

The compensation is taxable income to you in the year you receive it. For family executors, this often makes it cheaper to waive compensation (since the same money would otherwise pass to you tax-free as an inheritance). For non-family executors and professional fiduciaries, taking the compensation is the default.

If you're a beneficiary considering whether to take the fee, run the math on your tax bracket and inheritance share before deciding. A beneficiary who's set to inherit half the estate often shouldn't take a fee; the same dollars would otherwise come to them tax-free.

Estate taxes

Virginia has no estate tax and no inheritance tax. Both were repealed years ago. There's the probate tax (10¢ per $100), and that's the only state-level transfer tax.

Federal estate tax applies only to very large estates. The exemption for 2026 is $13.99 million per person ($27.98 million for a married couple electing portability). If the gross estate is below that, no federal estate tax return (Form 706) is required and nothing is owed. For estates approaching the threshold, file a 706 even if no tax is owed in order to elect portability of the unused exemption to a surviving spouse — this can save the family millions in tax later. Anyone with an estate above $5 million should be working with a tax attorney and a CPA, not relying on a generic checklist.

The decedent's final income tax return (Form 1040 federal, Form 760 Virginia) is due by April 15 of the year after death. This is filed under the decedent's Social Security number, signed by you as executor. It covers income from January 1 of the death year through the date of death. After that, income earned by the estate (interest on the estate's bank account, for example) is reported on the estate's own income tax return (Form 1041 federal, Form 770 Virginia), filed under the EIN.

When to hire a probate attorney

Some estates are clearly DIY-able for a careful executor:

• Solvent (assets clearly exceed debts).
• A clean, recent will with no challenges.
• No real estate outside Virginia.
• Beneficiaries who get along.
• No business interests, complex investments, or litigation.

For estates that look like that, you can probably handle the administration yourself with the commissioner's instruction sheets and an occasional phone call to the commissioner's office. Save the attorney for a single $300 consultation at the start to confirm there are no surprises.

For everything else, hire a probate attorney. Specifically:

• Estate plus trust. Trusts are administered separately from probate, but the two often interact. An attorney coordinates them.
• Real estate in multiple states. Each state has its own probate process for real estate within its borders. You may need ancillary administrations in other states.
• Contested wills or family conflict. The moment one heir threatens litigation, you stop being a neutral administrator and need representation.
• Operating businesses. A small business with employees, contracts, and ongoing operations needs immediate attention from someone who knows how to wind it down or transfer it.
• Tax-significant estates. Anything above $5 million on the federal side. Anything with significant unrealized gains, large IRAs, or complex compensation arrangements (deferred comp, stock options, partnership interests).
• Self-dealing risk. If you're both the executor and a major beneficiary, an attorney's involvement is good evidence of arms-length conduct.

Probate attorneys in Virginia typically charge $300–$500 per hour, with most simple estates running $3,000–$8,000 in attorney fees over the life of the administration. Complex estates run higher. The fees are paid from the estate, not from the executor's pocket, so the cost falls on the beneficiaries pro rata.

Common executor mistakes, in rough order of frequency

After watching enough estates from the operational side, the same mistakes show up over and over:

1. Distributing money before debts are resolved. The cash is in the estate account, the beneficiaries are asking, and the executor sends checks. Then a creditor surfaces with a legitimate claim and the executor is personally on the hook.
2. Mixing personal and estate money. Pay yourself for receipts you cover, but pay yourself directly from the estate account. Don't reimburse yourself months later. Don't pay estate bills with your personal credit card "to keep things moving."
3. Missing the four-month inventory deadline. It comes faster than you think, and the commissioner of accounts will notice.
4. Skipping the heir notice. Then years later an heir surfaces who was never given the statutory notice and re-opens the estate.
5. Distributing tangible personal property informally. "Mom always said you should have the dining room set." Without a will provision or a written agreement among all beneficiaries, distributing physical items based on conversations creates lasting conflict.
6. Selling estate assets at fire-sale prices to "get it done." The estate has time. Selling Mom's car in week three for $3,000 below market because it feels like you should be doing something is the executor exhausted, not the executor diligent.
7. Not reading the will carefully. Wills contain specific bequests, conditional bequests, residuary clauses, and trust provisions that change what the executor can and can't do. Read it three times. Make a checklist of every directive in it.
8. Not asking for help. The commissioner of accounts will answer questions. The probate clerk will answer questions. A probate attorney will answer one or two questions for free, three or four for a small consultation fee. The cost of asking is always less than the cost of guessing wrong.

Where the timeline lands

For a typical solvent Virginia estate with a clean will and a single residence:

• Days 1–7: Funeral, death certificate, finding the will.
• Days 7–30: Qualify as executor, send heir notices, get EIN, open estate account.
• Months 2–4: File inventory. Begin paying debts. Start collecting and consolidating estate assets.
• Months 4–6: Continue debt resolution. Sell real estate if needed. Settle decedent's final tax return.
• Months 6–12: Most asset collection complete. Estate is paying its administration bills. Tax returns filed.
• Months 12–16: Prepare and file first accounting. Make initial distribution to beneficiaries.
• Months 16–18: Final accounting filed. Estate closed. Discharge from commissioner.

For complex estates, every interval lengthens. For estates with property to sell, add three to six months to the back end. For estates in litigation, add years.

Plan for the first eighteen months. Hope for less. Don't be surprised by more.

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Written for Virginia executors handling typical estates. Specific deadlines, fees, and statutory references are accurate as of publication and current as of the 2026 Code of Virginia. For estate-specific advice, especially for estates with real estate in multiple states, business interests, or any indication of family disagreement, consult a Virginia probate attorney before you qualify.