Administrator.
A person (or entity)
who qualifies as the personal representative of a decedent's estate, where the
decedent, at time of death, did not leave a will acceptable for probate with
the Court.
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Commissioner of Accounts. Attorneys appointed by the
Judges of the various Circuit Courts throughout Virginia, with the responsibility
for auditing inventories and accountings filed by executors, administrators
and other fiduciaries, reporting their findings to the Court, and enforcing
such filing requirements through the Court, if necessary.
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Decedent. Describes a deceased person, who died testate with a will that
may require probate with the Court, or who died intestate, without a will, with
assets that require estate administration.
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Executor.
A person (or entity) who qualifies with the Court as the personal representative
of a decedent's estate, where the decedent, at time of death, left a will acceptable
for probate with the Court.
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Fiduciary. As used in the context of this website, refers to a person (or
entity) who is charged with the duty of properly administering the assets or
property of another. This would include a personal representative, either administrator
or executor of an estate, or a trustee under a testamentary trust.
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Intestate. Describes a person who dies without a will acceptable for probate
with the Court.
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Personal Representative. A general term that refers to either an executor
or administrator who has qualified with the Court on a decedent's estate.
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§64.1-57. Refers to Section
64.1-57 of the Code of Virginia, 1950, as amended, which lists a number
of powers which are granted to a qualified executor when this section is referenced
and incorporated into a will. For a list of the powers you can click on the
above highlighted link.
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Testamentary Trust. A trust established by a decedent in his or her will
for administration after the decedent's death. For example, a trust provided
in a decedent's will setting forth the terms for management of estate assets
passing to children until they reach the age specified in the will. The trustee
of a testamentary trust is normally named in the will.
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Testate. Describes a person who dies with a will acceptable for probate
with the Court.
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Will. Refers to a document executed by a person providing direction for
the handling of their estate upon death. In order for a will to be accepted
for probate with the Court it must be prepared and executed in accordance with
applicable law.
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