It will take approximately 45 minutes to an hour to complete the necessary forms. The Code of Virginia mandates fees for probate. The executor named in the will must personally appear before the probate department to probate the will and qualify as executor. This may require a Virginia resident to co-qualify and post a surety bond, despite the bond being waived in the will. When the named executor is not a resident of Virginia, a Virginia resident must accompany the executor to the probate office to either co-qualify or be appointed as a registered agent.
Statutes govern the specific procedure to follow.
The named executor must prepare a notarized statement renouncing the appointment. Priority goes to any alternates named in the will. The alternate executor or Administrator C.T.A. must present the death certificate of the deceased executor at the time of probate. Only the court may remove a qualified fiduciary. It may be necessary to have another fiduciary ready to be appoionted at the time the original fiduciary is removed.