1. Ten Top Priority Items for the Executor or Administrator of a Virginia Estate
1. Obtain multiple certified copies of the death certificate. Many institutions will not even deal
with you without a death certificate.
2. Present the Will to the Probate office of the county circuit court and apply for letters of
qualification as executor/administrator. Order ten-twenty copies as you may have to provide
a certified copy to many institutions to prove that you have the legal right to wrap up the
decedent’s affairs.
3. Apply to IRS for a Taxpayer Identification Number (EIN) which replaces the decedent’s
social security number.
4. Using the EIN, open a new checking account in the name of the “Estate of Decedent” with
your name printed on the checks as executor/administrator. Pay bills only by check and ask
the bank to send check images with the monthly statement to provide proof of all
expenditures.
5. Locate and assemble personal documents to help you identify bank accounts, investment
accounts, pensions, annuities, insurance policies, credit cards, checking accounts, last tax
returns filed, relevant birth and marriage certificates. These are all clues to the assets of the
estate that you are responsible for as executor.
6. Notify banks, government agencies and others of the death. Notices should be sent to Social
Security, insurance companies, credit card companies, credit bureaus, known creditors, the
decedent’s employer or pension manager, among others.
7. Make written notification of probate to other beneficiaries, and then send an Affidavit of
Notification to the Probate office.
8. Cancel subscriptions, memberships and other accounts that were personal to the decedent. In
the case of utilities, home insurance and similar services, transfer them to the name of the
surviving spouse if there is one, or transfer them to the name of the estate.
9. Apply for survivors benefits, including the Social Security death benefit, life insurance,
retirement plans, and unused sick or annual leave.
10. Pay final bills. As executor you are not personally liable for any of the decedent’s debts.
However, if you suspect that the estate is insolvent, with debts exceeding assets, you must be
very careful in what you distribute from the estate. Virginia has a prescribed order of
payment that is very precise. If you as executor make payments that do not follow the law,
you are held personally responsible and will be required to repay to the estate. If you believe
you are dealing with an insolvent estate, you should seek professional help from an attorney
familiar with probate procedures, before making any payments.
Providing Legal Assistance for Those Administering the Estate of a Deceased Loved One
Eileen Swicker is an attorney in Leesburg, VA whose practice is focused on estate planning,
probate and advising small businesses in Northern Virginia and the District of Columbia. Eileen
is available to assist in opening, administering and closing a probate estate, and offers a free
initial consultation and flat fee pricing. Before establishing herself as an estate attorney, Eileen
served a full career with the Central Intelligence Agency. As a result of her federal service, she
has a particular understanding of challenges in administering the estates of current and retired
federal employees and members of the armed services.
Law Office of Eileen Guerin Swicker
20 W. Market St., Suite E, Leesburg, VA 20176 Tel: 571-918-0616 Fax: 703-459-9620