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Fairfax, VA Probate Blog

Thursday, March 27, 2014

Powers of Executor Before Appointment

Every Executor asks what they can do before appointment by the Probate Clerk. The Virginia Code provides that the Executor may “provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste”. 

Informally, the Executor does allot of things before appointment. Generally that includes making burial and funeral arrangement, notifying family and friends, taking care of pets, securing the house and vehicles, and other related things. However, many times issues arise that may not so easily be included within the statutory provision. 

So what then? Call our firm and set an appointment for a consultation with a Probate Attorney. Each probate circumstance has its own dynamics and it the decision should be made on a case by case analysis. When in doubt, call a probate attorney.     

Virginia Code Section 64.2-511 Powers of executor before qualification

A person named in a will as executor shall not exercise the powers of executor until he qualifies as such by taking an oath and giving bond in the court or before the clerk where the will or an authenticated copy thereof is admitted to record, except that he may provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste.

Virginia Code Section 64.2-512 Funeral expenses

Subject to the provisions of § 64.2-528, reasonable funeral and burial expenses of a decedent shall be considered an obligation of the decedent's estate, which shall be liable for such expenses to (i) the funeral establishment, (ii) the cemetery, (iii) any third-party creditor who finances the payment of such expenses, or (iv) any person authorized to make arrangements for the funeral of the decedent who has paid such expenses. A person who is authorized to make arrangements for the funeral of the decedent shall have the authority to bind the decedent's estate for such expenses and may execute, on behalf of the estate, any necessary instruments.




The Lenzi Law Firm, PLLC assists clients throughout Northern Virginia and Washington D.C. including Fort Washington, Falls Church, Ft. Myer, Vienna, Rosslyn, Springfield, Mount Vernon, Annandale, Fort Belvoir, Fairfax, Dunn Loring, Merrifield, McLean, Oakton, Reston, Burke, Great Falls, Fredericksburg, Stafford and Herndon in Arlington County, Alexandria County, & Fairfax County.



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