How do I petition the court to obtain a letter of qualification as successor executor of my mother’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.