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Please note: Due to the complexity and time involved in a formal qualification, appointments are required. To schedule a probate appointment, please call or e-mail:
Bill Loy, Probate Manager, 703-777-0272 or William.Loy@loudoun.gov
Michele Timmons, Probate Clerk, 703-737-8795 or Michele.Timmons@loudoun.gov
Frequently Asked Questions for Trustees What is the definition of a Testamentary Trustee? A Testamentary Trustee is a person who is nominated in a Will as Trustee for a Trust that was created by a Will. How do I obtain the legal authority to act as a Testamentary Trustee? First, the Last Will and Testament must be probated before the Clerk of the Circuit Court (Probate Department).
Second, the person who was nominated in the Will as Testamentary Trustee must then formally qualify before the Clerk of the Circuit Court (Probate Department). What if the nominated Testamentary Trustee does not wish to serve? The nominated Testamentary Trustee must prepare a notarized statement renouncing the appointment. What if the nominated Testamentary Trustee is deceased? A certified copy of the death certificate of the deceased Testamentary Trustee must be presented at the qualification appointment. Who can be appointed or qualified if the named Testamentary Trustee either renounces or is deceased? Priority goes to any alternates named in the Will. If no alternates are named, or if any alternate Testamentary Trustee renounces the right to serve (following the same procedure as the first named Testamentary Trustee) or if the alternate is deceased, then any beneficiary of the Testamentary Trust can make a written motion to the Probate Clerk to have someone appointed and qualified by the Probate Clerk as Testamentary Trustee under the Will. Formal Trustee Qualification Process How do I formally qualify before the Clerk if I am nominated as a Testamentary Trustee? You must contact the Probate Department of the Clerk of the Circuit Court to schedule an appointment. To do so, call Bill Loy at 703-777-0272 or Michele Timmons at 703-737-8795.
The Probate Department is located at 112 Edwards Ferry Road, N.E. in Leesburg, Virginia. Qualifications are by appointment only. Regular office hours are 8:30 a.m. to 4:00 p.m., Monday through Friday. What should I bring to my formal qualification appointment? -
The original Last Will and Testament (if it has not already been probated) -
The completed Information form for Trustee -
Fair market value of the real estate in the Trust -
Dollar value of personal assets in the Trust -
If bond with surety* is required, the surety bond company must attend your scheduled probate appointment to sign the surety bond. -
A check or cash to pay fees calculated during the qualification appointment. * What does bond with surety mean? A surety bond is a guarantee by a third party (usually an insurance or bonding company) that a Testamentary Trustee will properly account for all money and property that is in the Trust created by the Will and that the Testamentary Trustee will discharge his/her Testamentary Trustee duties as required by law. Whom can I call to obtain a bond with surety? The Probate Department cannot recommend any bonding company; however, a link to a list of local bond companies that write surety bonds may be found on our forms page. Why do I need a bond? A bond is a guarantee that you will perform your Testamentary Trustee duties as required by law. The Probate Clerk will set the amount of the bond and rule whether the bond is with or without surety. What steps are involved in the qualification process with the Clerk? You will take an Oath of Office as Testamentary Trustee and you will sign a Bond. You will also pay the required qualification fees. The Probate Clerk handling your qualification process will then explain your duties and responsibilities as Testamentary Trustee. At the end of the qualification process, you will receive the following: -
Certificates of Qualification -
Inventory Form -
How to Complete the Inventory -
Account Summary Form -
How to Complete the Account Summary -
Instructions and Duties of a Testamentary Trustee -
Important Deadlines to Remember After your formal qualification appointment, the Clerk will Record the following public documents: Also, after you have formally qualified, the Clerk will inform the Commissioner of Accounts of your qualification as a Testamentary Trustee. What are the basic duties of a Testamentary Trustee? -
To preserve the assets in the Trust -
To administer the Trust as required as required first by the Code of Virginia and second by the terms of the Trust as established in the Will. -
Filing an Inventory -
Filing an Annual Accounting |