The Fiduciary Duties of an Executor of An Estate in Virginia
Date: August 5, 2025
The primary responsibility of an executor is to carry out the wishes of the testator and “well and truly” administer the estate of the decedent. The executor has a duty to collect and manage assets, determine debts, and identify beneficiaries of the estate. In carrying out those duties, the executor is held to a high standard of care and must exercise the “highest fidelity and utmost good faith” in dealing with the estate. The fiduciary relationship between the personal representative and the beneficiaries requires that the fiduciary not benefit personally from dealings with the estate to the detriment of other beneficiaries. Further, the personal representative has a duty to pursue actions on behalf of the estate, its creditors (such as the funeral home or the hospital that cared for the decedent), and its beneficiaries.
Virginia law specifically establishes several of these duties of executors, including:
- Acting in good faith, based on what is fair and reasonable to all beneficiaries
- Administering the estate impartially (with “loyalty”)
- Administering the estate according to Virginia law
Good faith means acting honestly when administering the estate. It does not generally mean that an executor will not make mistakes, but rather is a measure of whether the executor acted reasonably under the circumstances.
Impartiality requires that the executor not place their own interests above those of the other beneficiaries. This becomes particularly important when the executor is also a beneficiary, as it can be challenging to make decisions that might favor one beneficiary over the other, such as when there is a dispute property in which both the executor and another beneficiary have an interest.
The actions of an executor are presumed to be fair and reasonable unless proven otherwise. Executors have many specific statutory duties as well, such as providing required notices to heirs, submitting inventories of property and accountings to the Commissioner of Accounts, and, in some cases, posting a bond. Violation of these duties may be considered a breach of fiduciary duty if it impairs the rights of a beneficiary.
If you have been accused of breaching fiduciary duties as an executor or administrator of an estate, or if you suspect that an executor or administrator of an estate in which you are a beneficiary has violated their duties, it is important to consult with competent legal counsel to determine the best course of action.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.