What happens to a will when the testator dies?

When the testator, or the person who created the will, dies, the will is called a “testamentary document.” It is now the responsibility of the executor, as named in the will, to carry out its provisions. The executor is usually named in the will and has the responsibility to handle the distribution of the estate according to the wishes of the testator. In Virginia, the executor must first have the will validated and filed with the clerk of the circuit court. To do this, the executor must present the original will and a certified copy of the death certificate to the court. Once it is validated, the executor must administer the estate according to the terms of the will. The executor must locate and send written notice to any creditors and heirs of the testator. They must also gather, inventory and appraise all assets of the estate. The executor must then pay creditors, taxes, and other expenses out of the estate. Finally, they must distribute the estate according to the terms of the will. The executor of an estate will be held accountable and must be sure to adhere to the will and all applicable state laws. If the executor does not follow the terms of the will, they may be held liable for any damages caused by their negligence. It is important to hire an experienced attorney to help you with this process.

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What happens to a will when the testator dies?

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