How do I petition the court to obtain a letter of qualification as successor executor of my mother’s estate?

Mother died 11 years ago. My brother was the executor but is now deceased. A small asset was recently discover and is being held by the state. The circuit court has told me the only way was through a judge.

Asked on July 5, 2012 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  I am assuming that the estate is closed so you would most likely need to file a motion to re-open the estate and at that point in time you can ask that the court appoint you as the successor executor, although they may not agree unless you have served all the necessary parties that would have been served with a petition. This is really "procedural" and it is particular to your area.  I would speak with an attorney to help.  Good luck.

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