Will????

Would like to know if there is a time limit after a person dies to record the Will and carry the wishes out in the state of Virgina?

Can't definitely answer it as a matter of Virginia Law, but the usual rule is that as the estate still exists, and the property has not been legally distributed, (and land can'r be distributed after a death) there really is no time limit to file.

The only sanction is that if the person named executor doesn't promptly file another can file instead and become executor....

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If someone were to file as executor of an estate that has never been probated (since 2001), how would that person get the other parties, particularily the previous executor, to give a list of the property and assets of the estate? What if the property is being stored somewhere? How would the new executor gain access to the property? What if some of the assets have been distributed already?

You are confusing the issue by mentioning a "previous executor"!! Is this previous executor named in the will and did he/she ever have possession of the official will? If the will was never probated, then this "previous executor" never had legal authority to distribute any assets and their actions could be subject to reversal/restitution.

Thank you for your help. I apologize for the confusion! I don't know about the will. Cannot find a copy on file and daughters will not provide one. Daughters have taken possessions and supposedly placed in storage. Prior to death, home was placed in oldest daughters name and then sold after death. Don't know what happened to money from home sale or insurance. Daughters have indicated that the oldest of them is the "executor". Again, nothing on file at courthouse. Thanks.

There is no official time limit. Daughter may think she is executor, but has no offical power to distribute any assets until she files the will and gets letters testamentary from the courthouse. They are obviously stalling so that they don't intend to ever file it or have possibly stolen a majority of the assets from the estate. If you think you might have been named a beneficiary or that there might be other beneficiaries, then you or anyone else (or a probate attorney you hire) can file at the county courthouse probate court to become administrator and then ask the judge to order daughter to produce the will in court.

DANDY DON IN OKLAHOMA ([email protected])