Legal Question in Wills and Trusts in Virginia

I live in Virginia. My daughter (executor) lives out of state. Is she required to get a Virginia co-executor to present my will even if she is here to do so? Have no real estate, just personal property, named beneficiaries and tod/pod for financial accounts.

Asked on 6/04/13, 10:19 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

If all your personal property is held in survivorship mode, it may be unnecessary for your daughter to probate the will; even if it is necessary, it may be possible to avoid having anything other than a Virginia person to receive "service" (notice, primarily) and it is possible that she may not have to post surety (get an insurance company to guarantee) on her bond (her promise to do everything correctly).

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Answered on 6/05/13, 5:46 am


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