One of the powers of a personal representative is the power to sue. Virginia has enacted statutes that explain who may qualify as a personal representative. Personal representatives may be designated in a person's will.
If no will exists or if the executor named in the will fails or refuses to qualify, then the statute gives priority to others who may want to be the personal representative. Qualifying as a personal representative is fairly easy and the people working in the clerk's offices in Virginia are very helpful in answering questions on these topics.