The appointment takes approximately 45 minutes to one hour. The Code of Virginia mandates fees for probate. The executor named in the will must make an appointment with 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 probate appointment. The circuit court motions day is Friday. Only the court may remove a qualified fiduciary.