The Code of Virginia grants the Clerk of the Circuit Court the authority to Probate a Will, to appoint and qualify an Executor or Administrator for a Decedent’s Estate, to appoint and qualify a Testamentary Trustee, to qualify a Conservator and/or a Guardian for an Incapacitated Adult, to qualify a Guardian for the Person of a Minor and to appoint and qualify a Guardian for the Estate of a Minor.
A person has no legal authority to act or perform any duties as an Executor, Administrator, Testamentary Trustee, Guardian or Conservator until he/she has been appointed by the Judge or the Clerk and until he/she has formally qualified before the Clerk as such.
The purpose of this website is to inform the public of procedural matters involved in the Probate of Wills and the appointment, qualification & duties of an Executor, Administrator, Testamentary Trustee, Conservator or Guardian.
Please note that Court personnel are prohibited by law from giving legal advice. If you need legal assistance or information, it is available on our Legal Aid Information page.