By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
The Executor’s Role in McLean Estates
When a loved one passes away in McLean, the person named as executor in the will (or administrator if there is no will) takes on one of the most critical responsibilities: guiding the estate through probate in the Fairfax County Circuit Court.
Executors act as fiduciaries, meaning they must put the estate’s and beneficiaries’ best interests first.
While this role is an honor, it is also filled with legal duties, and mistakes can create delays, disputes, or even personal liability.
Key Responsibilities of an Executor
Executors in McLean are required to complete several important tasks under Virginia probate law:
Filing the Will and Opening Probate
The executor begins by filing the will with the Fairfax County Circuit Court and applying for qualification.
Once approved, the court issues “letters testamentary” granting authority to manage the estate.
Filing an Inventory of Assets
Within four months, the executor must submit a complete inventory to the Commissioner of Accounts.
This includes bank accounts, real estate, vehicles, investments, and other personal property.
Notifying Creditors and Beneficiaries
Executors must notify all beneficiaries named in the will and give notice to creditors so they can submit valid claims.
Paying Debts and Taxes
Before beneficiaries can receive their inheritance, the executor must settle outstanding debts, funeral expenses, and state and federal taxes.
Managing Estate Assets
Executors must safeguard property during probate, which may involve maintaining real estate, collecting income, or managing investments until distribution.
Distributing Assets
Once debts and taxes are paid, the executor distributes the remaining assets to beneficiaries according to the will (or Virginia intestacy laws if no valid will exists).
Filing Accountings
Executors must file periodic accountings with the Commissioner of Accounts, documenting income, expenses, payments, and distributions until the estate is closed.
Common Executor Mistakes in Fairfax County Probate
Executors often run into avoidable problems, especially without legal guidance. The most common mistakes include:
- Missing Deadlines – Late inventories or accountings can result in court penalties.
- Failing to Notify Creditors – Skipping proper notice can leave the estate open to future claims.
- Poor Recordkeeping – Incomplete or inaccurate financial records can cause delays or challenges from beneficiaries.
- Mixing Personal and Estate Assets – Using estate funds for personal expenses, even by mistake, can expose an executor to liability.
- Distributing Assets Too Early – If assets are given to beneficiaries before debts and taxes are paid, the executor may become personally responsible for shortages.
Why Executors in McLean Should Seek Legal Guidance
Probate in Fairfax County can be complex, especially when large estates, business interests, or multiple properties are involved. An experienced McLean probate attorney can:
- Help executors understand and meet their legal obligations.
- Prepare inventories and accountings correctly.
- Protect executors from personal liability.
- Resolve disputes with beneficiaries or creditors.
- Streamline probate to save time and costs.
Protecting the Estate — and Yourself
Serving as an executor in McLean requires diligence, organization, and strict compliance with Virginia law. Families often underestimate how demanding probate can be, but the right guidance can make all the difference. With proper legal support, executors can avoid costly mistakes, protect the estate, and ensure a smoother process for all beneficiaries.
Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.
— Adam L. Engel, Esq.
Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
