Should a Family Member Be an Executor of an Estate in Virginia?

Choosing who will handle your estate after you pass is one of the most meaningful decisions in your planning. You may feel confident that a loved one understands your wishes, yet uncertain about the responsibility you’re placing on them. Many residents in Fairfax reach this point while reviewing their estate planning documents, updating a Will, or learning more about the probate process.

So, should a family member be an executor of your estate? Before deciding, it helps to look closely at what an executor does under Virginia law, how this role affects your beneficiaries, and whether your loved one is prepared to manage the legal, financial, and administrative aspects of estate administration.

At a Glance

• Executors in Virginia are responsible for estate administration tasks such as filing court documents, managing assets, communicating with beneficiaries, and meeting statutory requirements.
• A family member may serve as executor if they qualify under Virginia law.
• A loved one may be a strong choice when the estate is straightforward, and relationships among beneficiaries are cooperative.
• The role can become challenging when the estate involves significant assets, business interests, or multiple beneficiaries with differing expectations.
• Families often choose a professional executor when they want neutral decision-making, support with probate filings, or help managing complex administrative responsibilities.

What an Executor Does Under Virginia Law

Virginia statutes outline a detailed framework for executor responsibilities. The executor oversees estate administration from start to finish. Estate administration refers to the full process of managing a person’s estate after death, including gathering assets, paying debts and taxes, communicating with beneficiaries, and completing the filings required by the court and the Commissioner of Accounts.

Key Responsibilities During Estate Administration

An executor handles tasks such as:

• Filing the Will with the circuit court
• Managing estate assets, including property, accounts, and business interests
• Communicating with beneficiaries
• Handling tax filings with the Internal Revenue Service
• Paying valid debts and resolving creditor claims
• Preparing inventory and accountings required by the Commissioner of Accounts
• Coordinating with attorneys, accountants, and financial institutions

Even in modest estates, the process involves legal issues, financial management, and ongoing reporting. Many families are surprised by how similar the role feels to operating a small business.

Legal Requirements to Serve as Executor in Virginia

Virginia law outlines who may qualify to serve as an executor (formally called the “personal representative”) and what the court requires during qualification.

Who Can Serve as Executor?

Under Va. Code §§ 64.2-500 and 64.2-502, a person may qualify if they are:

• At least 18 years old
• Mentally competent
• Considered “suitable” by the court
• Able to sign an oath stating they have not been convicted of a felony involving fraud, embezzlement, forgery, perjury, or similar offenses related to honesty. (Other felony convictions are not always disqualifying; the court may still find the person suitable.)

Bond Requirements

Under Va. Code § 64.2-504, an executor must post a bond in an amount set by the clerk. A Will can:

• Waive the bond requirement, and/or
• Waive the surety, which is the insurance premium often required by bonding companies.

Strategic estate planning often includes these waivers to reduce cost and administrative burden for families.

Non-Resident Executors

Executors who live outside Virginia may serve, but they must appoint a resident agent within the state to receive legal notices. This requirement may influence whether a family member is the right choice.

Should a Family Member Be an Executor in Virginia?

Family members often bring personal insight, trust, and a clear understanding of your values. These qualities can make them a strong choice. Still, the decision depends on your estate’s complexity and your loved one’s comfort with the responsibilities.

Benefits of Choosing a Family Member

A family member may be a good option when:

• The estate is moderate in size
• Beneficiaries have cooperative relationships
• There are no complicated trust agreements or business law issues
• The person is organized and comfortable with asset management
• You want someone familiar with your wishes to handle sensitive matters

Loved ones can handle personal property, family items, and documents that reflect your wishes, including medical directives.

Challenges Family Members Commonly Face

Even well-prepared family members may encounter challenges such as:

• Managing the probate process during their own grief
• Communicating with multiple beneficiaries
• Understanding requirements related to real property, wealth, or business entities
• Coordinating with accountants, probate lawyers, and financial institutions
• Handling tasks involving trust administration or special needs planning
• Meeting deadlines for filings and reports

These challenges can strain family relationships, especially when expectations differ between beneficiaries.

When a Family Member Is Not the Best Choice

A different executor may be appropriate when:

• The estate involves high-value assets, rental properties, or limited liability companies
• The beneficiaries have strained relationships
• The executor candidate lacks time, organizational skills, or financial management experience
• You anticipate disputes involving family law concerns, divorce, or competing interests
• Business ownership, nonprofit organizations, or commercial litigation are involved

In these situations, a professional executor or legal team may be better equipped to manage complex aspects of administration.

When to Consider Naming a Professional Executor Instead

A professional executor, such as an estate administration lawyer, probate lawyer, or fiduciary, can provide clarity, reduce conflict, and support your loved ones.

How Attorneys and Fiduciaries Reduce Stress and Conflict

A legal team can:

• Coordinate probate filings
• Communicate with beneficiaries
• Manage trust administration
• Address legal issues involving property or taxation
• Assist clients with questions about estate planning
• Support families through the administration process

This approach protects relationships and supports beneficiaries.

Situations Involving Complex Assets or Business Interests

A professional may be the better choice when your estate involves:

• Limited liability companies
• Commercial litigation
• Business entities
• Investment properties
• Non-profit organizations
• Irrevocable trusts

These estates benefit from guidance from attorneys familiar with planning, financial management, and administration.

Protecting High-Value or Multi-State Estates

Families with substantial property or assets across jurisdictions, such as Maryland or Washington, DC, often choose a professional executor to maintain accuracy and consistency.

Qualities to Look for When Choosing the Right Executor

Whether you choose a family member or a professional, the role requires specific qualities.

Availability and Organizational Ability

Executors must meet court deadlines, communicate with lawyers, and respond to tax inquiries. Reliability is essential.

Neutrality in Family Dynamics

Executors must remain fair to all beneficiaries, particularly when handling valuable assets or personal items.

Financial Responsibility and Attention to Detail

Estate administration requires accurate recordkeeping, familiarity with accounts, and comfort working with an attorney or accountant.

Talk With Loved Ones About Executor Decisions

Conversations about executor responsibilities can feel sensitive, but they help your family understand your wishes and what the role requires. Explaining where your documents are kept, how property should be handled, and what administrative steps are involved can clarify whether a loved one feels prepared to serve.

These discussions often highlight the value of professional support. Some families choose to have an attorney assist their selected executor, while others decide that appointing a professional executor offers more peace of mind. Either approach can provide structure, reduce confusion, and support your beneficiaries when the time comes.

Frequently Asked Questions

Q: Can a family member serve as an executor in Virginia?

A: Yes. As long as they qualify under Virginia law, family members often serve as executors. Many families consult an estate planning attorney to help their chosen executor understand the probate process.

Q: How does the probate process affect a family member serving as executor?

A: Probate involves court filings, asset management, communication with beneficiaries, and coordination with a legal team. An attorney can help with administration, reporting, and other legal issues.

Q: Should I work with an estate planning attorney when choosing an executor?

A: Many families discuss executor choices with an estate planning attorney who understands Virginia law, special needs planning, and estate administration.

Q: Can executors handle business entities or limited liability companies?

A: Yes, but these aspects require additional accounting and legal coordination. Executors often work with lawyers familiar with business law and commercial litigation.

Q: Does an executor manage medical directives or special needs planning?

A: An executor does not enforce medical directives during life, but they may reference these documents to understand your wishes. Special needs planning or trusts may require coordination with an attorney or trustee.

Q: Should a professional executor be used for high-value or multi-state estates?

A: Professional executors or probate lawyers may be better equipped to manage complex assets, multi-state property, trust administration, and taxation aspects.

Work With PJI Law to Select the Right Executor for Your Estate

Schedule a Consultation with an Estate Administration Attorney Today

Executor selection is one of the most important decisions in your estate plan. At PJI Law, our estate administration attorneys assist clients throughout Northern Virginia with estate planning, estate administration, probate process questions, and future planning goals.

If you’ve been searching online for an “estate administration attorney near me,” our legal team offers guidance tailored to your family’s needs. We help families create plans that reflect their wishes and support their beneficiaries during administration. If you’re ready to review your executor decision or update your estate planning documents, PJI Law is here to assist you.

We invite you to schedule a consultation today by calling (703) 865-6100 or completing our confidential online form. Our firm is ready to provide the guidance and assistance you need.

At PJI Law, you’ll receive white-glove service and personal attention from a team that treats you like family.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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