WHO WILL BE APPOINTED BY THE COURT AS EXECUTOR OR ADMINISTRATOR?
If there is a will, the person or persons named in the will normally will be appointed. If no one is named or the persons named refuses to serve or ceases to act after being appointed, the Court may grant administration to one who was an alternate in the will or who is a beneficiary of the will. Of course, anyone appointed must be competent and suitable in the opinion of the Court making the appointment. If there is no will, preference is first given to the surviving spouse and second to other heirs. The person appointed must take an oath that he or she will faithfully perform the duties required and further must give bond in an amount at least equal to the value of the estate to be handled. Surety generally must be given on the bond unless the will waives surety (which most will do) or the person(s) appointed is (are) the only beneficiaries) or the appointment of a bank or trust company. If the appointee is not a resident of Virginia, or in the case of co-fiduciaries, if none are resi
