There is a newer version of the Code of Virginia
2014 Virginia Code
Title 64.2 - Wills, Trusts, and Fiduciaries
Subtitle I. GENERAL PROVISIONSChapter 1. DEFINITIONS AND GENERAL PROVISIONS
Article 1. DEFINITIONS.
Article 2. GENERAL PROVISIONS.
- § 64.2-102. Meaning of child and related terms
- § 64.2-103. Evidence of paternity
- § 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
- § 64.2-105. Incorporation by reference of certain powers of fiduciaries into will or trust instrument
- § 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
- § 64.2-107. Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election
- § 64.2-108. Power granted to personal representatives and trustees to donate conservation or open-space easements
- § 64.2-108.1. References to former sections, articles, or chapters
Article 3. PERSONAL REPRESENTATIVE ACCESS TO DIGITAL ACCOUNTS.
Subtitle II. WILLS AND DECEDENTS' ESTATESChapter 2. DESCENT AND DISTRIBUTION
- § 64.2-200. Course of descents generally; right of Commonwealth if no other heir
- § 64.2-201. Distribution of personal estate; right of Commonwealth if no other distributee
- § 64.2-202. When persons take per capita and when per stirpes; collaterals of the half blood
- § 64.2-203. Inheritance rights of certain individuals
- § 64.2-204. Afterborn heirs
- § 64.2-205. Right of entry or action for land not affected by descent cast
- § 64.2-206. Advancements brought into hotchpot
Article 1. ELECTIVE SHARE OF SURVIVING SPOUSE.
- § 64.2-300. Definitions
- § 64.2-301. Dower or curtesy abolished
- § 64.2-302. When and how elective share may be claimed by surviving spouse
- § 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate
- § 64.2-304. Rights upon claiming an elective share
- § 64.2-305. Augmented estate; exclusions; valuation
- § 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share
- § 64.2-307. Rights in family residence
- § 64.2-308. Statutory rights barred by desertion or abandonment
Article 2. EXEMPT PROPERTY AND ALLOWANCES.
- § 64.2-309. Family allowance
- § 64.2-310. Exempt property
- § 64.2-311. Homestead allowance
- § 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief
- § 64.2-313. When and how exempt property and allowances may be claimed
- § 64.2-314. Waiver
Article 3. UNIFORM DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH ACT.
- § 64.2-315. Application
- § 64.2-316. Presumptions
- § 64.2-317. Disposition upon death
- § 64.2-318. Perfection of title of surviving spouse
- § 64.2-319. Perfection of title of personal representative, heir or devisee
- § 64.2-320. Purchaser for value or lender
- § 64.2-321. Creditor's rights
- § 64.2-322. Acts of married persons
- § 64.2-323. Limitations on testamentary disposition
- § 64.2-324. Uniformity of application and construction
Article 1. REQUISITES AND EXECUTION.
- § 64.2-400. Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property
- § 64.2-401. Who may make a will; what estate may be disposed of
- § 64.2-402. Advertisements to draw wills prohibited; penalty
- § 64.2-403. Execution of wills; requirements
- § 64.2-404. Writings intended as wills
- § 64.2-405. Interested persons as competent witnesses
- § 64.2-406. When exercise of power of appointment by will valid
- § 64.2-407. Will of personal estate of nonresidents
- § 64.2-408. Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen
- § 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
Article 2. REVOCATION AND EFFECT.
- § 64.2-410. Revocation of wills generally
- § 64.2-411. Revival of wills after revocation
- § 64.2-412. Revocation by divorce or annulment; revival upon remarriage; no revocation by other change
- § 64.2-413. Effect of subsequent conveyance on will
Article 3. CONSTRUCTION AND EFFECT.
- § 64.2-414. When wills deemed to speak
- § 64.2-415. How certain bequests and devises to be construed; nonademption in certain cases
- § 64.2-416. Devises and bequests that fail; how to pass
- § 64.2-417. When advancement deemed satisfaction of devise or bequest
- § 64.2-418. When children or descendants of devisee or legatee to take estate
- § 64.2-419. Provision for omitted children when no child living when will made
- § 64.2-420. Provision for omitted children when child living when will made
- § 64.2-421. Construction of certain conditions of spouse's survivorship
- § 64.2-422. When omitted spouse to take intestate portion
- § 64.2-423. Exercise of power of appointment
- § 64.2-424. When direction to purchase annuity binding on legatee
- § 64.2-425. Interest on pecuniary legacies
- § 64.2-426. Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999
- § 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999
- § 64.2-428. Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount
- § 64.2-429. Construction of trust provisions otherwise eligible for the election permitted under § 2056(b)(7) of the Internal Revenue Code
- § 64.2-430. Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981
- § 64.2-431. Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution
- § 64.2-432. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011
Article 4. UNIFORM INTERNATIONAL WILLS ACT.
- § 64.2-433. Definitions
- § 64.2-434. Validity
- § 64.2-435. Requirements
- § 64.2-436. Other points of form
- § 64.2-437. Certificate
- § 64.2-438. Effect of certificate
- § 64.2-439. Revocation
- § 64.2-440. Source and construction
- § 64.2-441. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency
- § 64.2-442. International will information registration
Article 5. PROBATE.
- § 64.2-443. Jurisdiction of probate of wills
- § 64.2-444. Clerks may probate wills
- § 64.2-445. Appeal from order of clerk
- § 64.2-446. Motion for probate; process against persons interested in probate
- § 64.2-447. Use of depositions
- § 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
- § 64.2-449. Procedure in probate proceedings
- § 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
- § 64.2-451. Appointment of curator; when made; his duties
- § 64.2-452. How will may be made self-proved; affidavits of witnesses
- § 64.2-453. How will may be made self-proved; acknowledgment of witnesses
- § 64.2-454. Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident
Article 6. RECORDATION AND EFFECT.
- § 64.2-455. Wills to be recorded; recording copies; effect; transfer to The Library of Virginia
- § 64.2-456. Bona fide purchaser of real estate without notice of devise protected
- § 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will
- § 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy
Article 1. APPOINTMENT AND QUALIFICATION.
- § 64.2-500. Grant of administration with the will annexed
- § 64.2-501. Oath of executor or administrator with the will annexed
- § 64.2-502. Grant of administration of intestate estate
- § 64.2-503. Oath and bond of administrator of intestate estate
- § 64.2-504. Bond of executor or administrator
- § 64.2-505. When security not required
- § 64.2-506. When letters of administration and order for obtaining probate in due form are required
- § 64.2-507. Clerks to deliver statement of responsibilities
- § 64.2-508. Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and reports to be provided to certain parties
Article 2. LIST OF HEIRS AND AFFIDAVIT OF REAL ESTATE.
Article 3. AUTHORITY AND GENERAL DUTIES.
- § 64.2-511. Powers of executor before qualification
- § 64.2-512. Funeral expenses
- § 64.2-513. Effect of death, resignation, or removal of sole executor
- § 64.2-514. Duty of every personal representative
- § 64.2-515. Duty of fiduciaries as to joint accounts
- § 64.2-516. Duties of fiduciaries as to certain obligations of the United States
- § 64.2-517. Exercise of discretionary powers by surviving executors or administrators with the will annexed
- § 64.2-518. When personal representative may renew obligation of decedent
- § 64.2-519. Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death
- § 64.2-520. Action for goods carried away, or for waste, destruction of, or damage to estate of decedent
Article 4. POWER WITH RESPECT TO REAL ESTATE.
- § 64.2-521. Personal representatives to sell real estate devised to be sold, and to receive certain rents
- § 64.2-522. Personal representatives to pay over sale proceeds and rents to persons entitled
- § 64.2-523. Personal representative may execute deed pursuant to written contract of decedent
- § 64.2-524. Validation of certain conveyances by foreign executor
Article 5. LIABILITY OF PERSONAL ESTATE TO DEBTS.
- § 64.2-525. Debtor's appointment as executor
- § 64.2-526. What personal estate to be sold; use of proceeds
- § 64.2-527. Estate held for another's life; inclusion in personal estate
- § 64.2-528. Order in which debts and demands of decedents to be paid
- § 64.2-529. Creditors to be paid in order of their classification; class paid ratably; when representative not liable for paying debt
- § 64.2-530. Lien acquired during lifetime of decedent not affected
- § 64.2-531. Nonexoneration; payment of lien if granted by agent
Article 6. LIABILITY OF REAL ESTATE TO DEBTS.
- § 64.2-532. Real estate of decedent as assets for payment of debts
- § 64.2-533. Administration of assets for payment of debts
- § 64.2-534. Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances
- § 64.2-535. When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds
- § 64.2-536. Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence
- § 64.2-537. Action to enforce claim of less than $100; notice
- § 64.2-538. Lien acquired during lifetime of decedent not affected
Article 7. APPORTIONMENT OF ESTATE TAXES.
- § 64.2-539. Definitions
- § 64.2-540. Apportionment required
- § 64.2-541. Recovery by executor when part of estate not in his possession
- § 64.2-542. Transfers not required until tax ascertained or security given
- § 64.2-543. Contrary provisions of will or other instrument to govern
- § 64.2-544. Construction of direction to pay all taxes imposed on account of testator's death
Article 8. LIABILITY OF REPRESENTATIVES; ADMINISTRATORS DE BONIS NON.
- § 64.2-545. Transfer of assets to administrator de bonis non; administration of assets
- § 64.2-546. Action against representative of executor for waste
- § 64.2-547. Revival of judgment by administrator de bonis non
- § 64.2-548. Action against surety of personal representative; procedure
- § 64.2-549. Liability of personal representative or his surety
Article 9. SETTLEMENT OF ACCOUNTS AND DISTRIBUTION.
- § 64.2-550. Proceedings for receiving proof of debts by commissioners of accounts
- § 64.2-551. Account of debts by commissioners of accounts
- § 64.2-552. How claims filed before commissioners of accounts; tolling of limitations period
- § 64.2-553. When court to order payment of debts
- § 64.2-554. When distribution may be required; refunding bond
- § 64.2-555. When fiduciaries are protected by refunding bonds
- § 64.2-556. Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund
- § 64.2-557. Form for notice to show cause under § 642-556
- § 64.2-558. Distribution to persons standing in loco parentis to certain beneficiaries
Article 1. VIRGINIA SMALL ESTATE ACT.
- § 64.2-600. Definitions
- § 64.2-601. Payment or delivery of small asset by affidavit
- § 64.2-602. Payment or delivery of small asset valued at $25,000 or less without affidavit
- § 64.2-603. Discharge and release of payor
- § 64.2-604. Payment or delivery of small asset; funeral expenses
- § 64.2-605. Construction of article
Article 2. PAYMENTS, SETTLEMENTS, OR ADMINISTRATION WITHOUT APPOINTMENT OF REPRESENTATIVE.
- § 64.2-606. Transfer of certain vessels registered with US Coast Guard and transfer of motor vehicles
- § 64.2-607. Transfer of evidences of indebtedness, securities, and stock held in decedents' estates
- § 64.2-608. Transfer of securities of nonresident decedents
- § 64.2-609. Money and personal property belonging to nonresident decedents
- § 64.2-610. When court may allow another to qualify on estate
- § 64.2-611. Disposition by sheriff of property when no person entitled thereto
Article 3. UNIFORM TRANSFERS ON DEATH (TOD) SECURITY REGISTRATION ACT.
- § 64.2-612. Definitions
- § 64.2-613. Registration in beneficiary form; sole or joint tenancy ownership; applicable law
- § 64.2-614. Origination of registration in beneficiary form
- § 64.2-615. Form of registration in beneficiary form; effect
- § 64.2-616. Ownership on death of owner
- § 64.2-617. Protection of registering entity
- § 64.2-618. Nontestamentary transfer on death
- § 64.2-619. Terms, conditions, and forms for registration; examples
Article 4. NONPROBATE TRANSFERS ON DEATH.
Article 5. UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.
- § 64.2-621. Definitions
- § 64.2-622. Applicability
- § 64.2-623. Nonexclusivity
- § 64.2-624. Transfer on death deed authorized
- § 64.2-625. Transfer on death deed revocable
- § 64.2-626. Transfer on death deed nontestamentary
- § 64.2-627. Capacity of transferor
- § 64.2-628. Requirements
- § 64.2-629. Notice, delivery, acceptance, consideration not required
- § 64.2-630. Revocation by instrument authorized; revocation by act not permitted
- § 64.2-631. Effect of transfer on death deed during transferor's life
- § 64.2-632. Effect of transfer on death deed at transferor's death
- § 64.2-633. Disclaimer
- § 64.2-634. Liability for creditor claims and statutory allowances
- § 64.2-635. Optional form of transfer on death deed
- § 64.2-636. Optional form of revocation
- § 64.2-637. Uniformity of application and construction
- § 64.2-638. Relation to federal Electronic Signatures in Global and National Commerce Act
Chapter 7. UNIFORM TRUST CODE
Article 1. GENERAL PROVISIONS AND DEFINITIONS.
- § 64.2-700. Scope
- § 64.2-701. Definitions
- § 64.2-702. Knowledge
- § 64.2-703. Default and mandatory rules
- § 64.2-704. Common law of trusts; principles of equity
- § 64.2-705. Governing law
- § 64.2-706. Principal place of administration
- § 64.2-707. Methods and waiver of notice
- § 64.2-708. Others treated as qualified beneficiaries
- § 64.2-709. Nonjudicial settlement agreements
Article 2. JUDICIAL PROCEEDINGS.
- § 64.2-710. Role of court in administration of trust
- § 64.2-711. Jurisdiction over trustee and beneficiary
- § 64.2-712. Proceedings to appoint or remove trustees
- § 64.2-713. Pleadings; parties; orders; notice
Article 3. REPRESENTATION.
- § 64.2-714. Representation; basic effect
- § 64.2-715. Representation by holder of general testamentary power of appointment
- § 64.2-716. Representation by fiduciaries and parents or other ancestors
- § 64.2-717. Representation by person having substantially identical interest
- § 64.2-718. Appointment of representative
Article 4. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST.
- § 64.2-719. Methods of creating trust
- § 64.2-720. Requirements for creation
- § 64.2-721. Trusts created in other jurisdictions
- § 64.2-722. Trust purposes
- § 64.2-723. Charitable purposes; enforcement
- § 64.2-724. Creation of trust induced by fraud, duress, or undue influence
- § 64.2-725. Evidence of oral trust
- § 64.2-726. Trust for care of animal
- § 64.2-727. Noncharitable trust without ascertainable beneficiary
- § 64.2-728. Modification or termination of trust; proceedings for approval or disapproval
- § 64.2-729. Modification or termination of noncharitable irrevocable trust by consent
- § 64.2-730. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
- § 64.2-731. Cy pres
- § 64.2-732. Modification or termination of uneconomic trust
- § 64.2-733. Reformation to correct mistakes
- § 64.2-734. Modification to achieve settlor's tax objectives
- § 64.2-735. Combination and division of trusts
- § 64.2-736. Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust
- § 64.2-737. Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation
- § 64.2-738. Prohibitions as to trust that is deemed a split-interest trust
- § 64.2-739. Application of §§ 642-737 and 642-738
- § 64.2-740. Interpretation of references to Internal Revenue Code in §§ 642-736 through 642-739
- § 64.2-741. Powers of courts not impaired by §§ 642-736 through 642-740; severability
Article 5. CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS.
- § 64.2-742. Rights of beneficiary's creditor or assignee
- § 64.2-743. Spendthrift provision
- § 64.2-744. Exceptions to spendthrift provision
- § 64.2-745. Certain claims for reimbursement for public assistance
- § 64.2-745.1. Self-settled spendthrift trusts
- § 64.2-745.2. Definitions; vacancies; right to withdraw
- § 64.2-746. Discretionary trusts; effect of standard
- § 64.2-747. Creditor's claim against settlor
- § 64.2-748. Overdue distribution
- § 64.2-749. Personal obligations of trustee
Article 6. REVOCABLE TRUSTS.
- § 64.2-750. Capacity of settlor of revocable trust
- § 64.2-751. Revocation or amendment of revocable trust
- § 64.2-752. Settlor's powers; powers of withdrawal
- § 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property
Article 7. OFFICE OF TRUSTEE.
- § 64.2-754. Accepting or declining trusteeship
- § 64.2-755. Trustee's bond
- § 64.2-756. Cotrustees
- § 64.2-757. Vacancy in trusteeship; appointment of successor
- § 64.2-758. Resignation of trustee
- § 64.2-759. Removal of trustee
- § 64.2-760. Delivery of property by former trustee
- § 64.2-761. Compensation of trustee
- § 64.2-762. Reimbursement of expenses
Article 8. DUTIES AND POWERS OF TRUSTEE.
- § 64.2-763. Duty to administer trust and invest
- § 64.2-764. Duty of loyalty
- § 64.2-765. Impartiality
- § 64.2-766. Prudent administration
- § 64.2-767. Costs of administration
- § 64.2-768. Trustee's skills
- § 64.2-769. Delegation by trustee
- § 64.2-770. Powers to direct
- § 64.2-771. Control and protection of trust property
- § 64.2-772. Recordkeeping and identification of trust property
- § 64.2-773. Enforcement and defense of claims
- § 64.2-774. Collecting trust property
- § 64.2-775. Duty to inform and report
- § 64.2-776. Discretionary powers; tax savings
- § 64.2-777. General powers of trustee
- § 64.2-778. Specific powers of trustee
- § 64.2-778.1. Trustee's special power to appoint to a second trust
- § 64.2-779. Distribution upon termination
Article 9. UNIFORM PRUDENT INVESTOR ACT.
- § 64.2-780. Definition of terms
- § 64.2-781. Prudent investor rule
- § 64.2-782. Standard of care; portfolio strategy; risk and return objectives
- § 64.2-783. Diversification by trustee
- § 64.2-784. Duties at inception of trusteeship
- § 64.2-785. Loyalty and impartiality
- § 64.2-786. Investment costs
- § 64.2-787. Reviewing compliance
- § 64.2-788. Delegation of investment and management functions
- § 64.2-789. Language invoking standard of article
- § 64.2-790. Application to existing trusts
- § 64.2-791. Uniformity of application and construction
Article 10. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE.
- § 64.2-792. Remedies for breach of trust
- § 64.2-793. Damages for breach of trust
- § 64.2-794. Damages in absence of breach
- § 64.2-795. Attorney fees and costs
- § 64.2-796. Limitation of action against trustee
- § 64.2-797. Reliance on trust instrument
- § 64.2-798. Event affecting administration or distribution
- § 64.2-799. Exculpation of trustee
- § 64.2-800. Beneficiary's consent, release, or ratification
- § 64.2-801. Limitation on personal liability of trustee
- § 64.2-802. Interest as general partner
- § 64.2-803. Protection of person dealing with trustee
- § 64.2-804. Certification of trust
Article 11. MISCELLANEOUS PROVISIONS.
- § 64.2-805. Uniformity of application and construction
- § 64.2-806. Electronic records and signatures
- § 64.2-807. Severability clause
- § 64.2-808. Application to existing relationships
- § 64.2-900. Definitions
- § 64.2-901. Custodial trust; creation and termination; general provisions
- § 64.2-902. Custodial trustee for future payment or transfer
- § 64.2-903. Form and effect of receipt and acceptance by custodial trustee; jurisdiction
- § 64.2-904. Transfer to custodial trustee by fiduciary or obligor; facility of payment
- § 64.2-905. Multiple beneficiaries; separate custodial trusts; survivorship
- § 64.2-906. General duties of custodial trustee
- § 64.2-907. General powers of custodial trustee
- § 64.2-908. Use of custodial trust property
- § 64.2-909. Determination of incapacity; effect
- § 64.2-910. Exemption of third person from liability
- § 64.2-911. Liability to third person; exceptions
- § 64.2-912. Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor
- § 64.2-913. Expenses, compensation, and bond of custodial trustee
- § 64.2-914. Reporting and accounting by custodial trustee; determination of liability
- § 64.2-915. Limitations of action against custodial trustee
- § 64.2-916. Distribution on termination
- § 64.2-917. Methods and forms for creating custodial trusts
- § 64.2-918. Applicable law
Article 1. DEFINITIONS AND FIDUCIARY DUTIES.
- § 64.2-1000. Definitions
- § 64.2-1001. Fiduciary duties; general principles
- § 64.2-1002. Fiduciary's power to adjust
- § 64.2-1003. Total return unitrust
Article 2. DECEDENT'S ESTATE OR TERMINATING INCOME INTEREST.
- § 64.2-1004. Determination and distribution of net income
- § 64.2-1005. Distribution to residuary and remainder beneficiaries
Article 3. APPORTIONMENT AT BEGINNING AND END OF INCOME INTEREST.
- § 64.2-1006. When right to income begins and ends
- § 64.2-1007. Apportionment of receipts and disbursements when decedent dies or income interest begins
- § 64.2-1008. Apportionment when income interest ends
Article 4. ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST.
- § 64.2-1009. Character of receipts
- § 64.2-1010. Distribution from trust or estate
- § 64.2-1011. Business and other activities conducted by trustee
- § 64.2-1012. Principal receipts
- § 64.2-1013. Rental property
- § 64.2-1014. Obligation to pay money
- § 64.2-1015. Insurance policies and similar
- § 64.2-1016. Insubstantial allocations not required
- § 64.2-1017. Deferred compensation, annuities, and similar payments
- § 64.2-1018. Liquidating asset
- § 64.2-1019. Minerals, water, and other natural resources
- § 64.2-1020. Timber
- § 64.2-1021. Property not productive of income
- § 64.2-1022. Derivatives and options
- § 64.2-1023. Asset-backed securities
Article 5. ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST.
- § 64.2-1024. Disbursements from income
- § 64.2-1025. Disbursements from principal
- § 64.2-1026. Transfers from income to principal for depreciation
- § 64.2-1027. Transfers from income to reimburse principal
- § 64.2-1028. Income taxes
- § 64.2-1029. Adjustments between principal and income because of taxes
Article 6. MISCELLANEOUS PROVISIONS.
- § 64.2-1030. Expenses and receipts; nontrust estates
- § 64.2-1031. Uniformity of application and construction
- § 64.2-1032. Application of chapter to existing trusts, decedent's estates, and nontrust estates
- § 64.2-1100. Definitions
- § 64.2-1101. Standard of conduct in managing and investing institutional fund
- § 64.2-1102. Appropriation for expenditure or accumulation of endowment fund; rules of construction
- § 64.2-1103. Delegation of management and investment functions
- § 64.2-1104. Release or modification of restrictions on management, investment, or purpose
- § 64.2-1105. Reviewing compliance
- § 64.2-1106. Application to existing institutional funds
- § 64.2-1107. Relation to Electronic Signatures in Global and National Commerce Act
- § 64.2-1108. Uniformity of application and construction
Part A. FIDUCIARIES
Chapter 12. COMMISSIONERS OF ACCOUNTS
- § 64.2-1200. Commissioners of accounts
- § 64.2-1201. Appointment of assistant commissioners of accounts; duties and powers
- § 64.2-1202. Appointment of deputy commissioners of accounts in certain cities and counties; duties and powers
- § 64.2-1203. Subpoena powers of commissioners of accounts, assistants, and deputies; penalty
- § 64.2-1204. Commissioners of accounts to examine and report on bonds and whether fiduciaries should be removed
- § 64.2-1205. Commissioners of accounts to inspect and file inventories with clerks
- § 64.2-1206. Settlement of fiduciaries' accounts
- § 64.2-1207. Settlement for year to include unsettled portion of preceding year
- § 64.2-1208. Expenses and commissions allowed fiduciaries
- § 64.2-1209. Who may insist or object before commissioner of accounts
- § 64.2-1210. Accounts and debts and demands to be reported
- § 64.2-1211. Where filed; notice to certain parties
- § 64.2-1212. Exceptions to report; examination, correction, and confirmation
- § 64.2-1213. Effect of confirmation of report
- § 64.2-1214. Recordation of report
- § 64.2-1215. Power of commissioner of accounts to enforce the filing of inventories
- § 64.2-1216. Failure to account; enforcement
- § 64.2-1217. Forfeiture of fiduciary's commission
- § 64.2-1218. When fiduciaries personally liable for costs
- § 64.2-1219. Fees of commissioners of accounts
- § 64.2-1220. Receipt for vouchers filed in settlement; effect thereof
- § 64.2-1221. Report on fiduciaries' bonds; "record of fiduciaries."
- § 64.2-1222. Commissioners of accounts to post list of fiduciaries whose accounts are before them for settlement
- § 64.2-1300. Inventories to be filed with commissioners of accounts
- § 64.2-1301. When inventory and settlement not required
- § 64.2-1302. Waiver of inventory and settlement for certain estates
- § 64.2-1303. Copies of inventories and accounts to be provided by personal representatives
- § 64.2-1304. Personal representatives
- § 64.2-1305. Conservators, guardians of minors' estates, committees, trustees under § 642-2016, and receivers
- § 64.2-1306. Testamentary trustees
- § 64.2-1307. Testamentary trustees under a will waiving accounts; waiver where beneficiary also trustee
- § 64.2-1308. Forms for inventories and accounts
- § 64.2-1309. Accounts of sales under deeds of trust
- § 64.2-1310. Recordation of inventories and accounts of sales
- § 64.2-1311. Vouchers and statement of assets on hand; direct payments to account; vouchers for IRS payments
- § 64.2-1312. Report to circuit court; death of fiduciary; fiduciary for recipient of federal benefits
- § 64.2-1313. Exhibition of accounts when sum does not exceed certain amount
- § 64.2-1314. Statement in lieu of settlement of accounts by personal representatives in certain circumstances
- § 64.2-1315. Certification and recording of accounts settled in a judicial proceeding
- § 64.2-1316. Settlement of fiduciary's accounts by commissioner in chancery; report to commissioner of accounts
- § 64.2-1317. Disposition of papers relating to estates
Article 1. APPOINTMENT, QUALIFICATION, RESIGNATION, AND REMOVAL OF FIDUCIARIES.
- § 64.2-1400. Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named
- § 64.2-1401. Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required
- § 64.2-1402. Jurisdiction for qualification of certain testamentary trustees and trustees generally
- § 64.2-1403. Qualification of trustees
- § 64.2-1404. New fiduciary appointed when authority of former revoked
- § 64.2-1405. Court may appoint trustee in place of one named in will, deed, or other writing; management by corporate trustee outside of the Commonwealth
- § 64.2-1406. Notice required; certain substitutions validated
- § 64.2-1407. Who to execute the trust until new trustee appointed
- § 64.2-1408. Circuit court may exercise same powers in suit to enforce or administer trust
- § 64.2-1409. Information to be provided to clerk by fiduciary
- § 64.2-1410. When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest
- § 64.2-1411. When fiduciary may qualify without security
- § 64.2-1412. How trustee required to give bond; when to be removed and another appointed
- § 64.2-1413. Placing certain trust assets in designated financial institutions; waiver or reduction of bond of fiduciary
- § 64.2-1414. Effect of orders of qualification of bank as committee or guardian
- § 64.2-1415. Liability for losses by negligence or failure to make defense
- § 64.2-1416. Liability of fiduciary for actions of cofiduciary
- § 64.2-1417. How judgment may be entered against personal representative, conservator, or committee
- § 64.2-1418. Court order for payments due from fiduciaries; effect
- § 64.2-1419. Execution of fiduciary bond or appointment of agent designates clerk as attorney for service of process
- § 64.2-1420. Clerk to mail notice, process, or rule to person served
- § 64.2-1421. What judgment or decree based upon service upon clerk shall specifically adjudicate
- § 64.2-1422. Environmental liability of fiduciaries
- § 64.2-1423. Trustee not disqualified due to status as stockholder, employee, or officer of corporate noteholder; sale of property by trustee not voidable
- § 64.2-1424. Resignation by fiduciary of his trust
- § 64.2-1425. How securities transferred to successor
Article 2. NONRESIDENT TRUSTEES.
- § 64.2-1426. Nonresident fiduciaries
- § 64.2-1427. How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee
- § 64.2-1428. Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign fiduciary
- § 64.2-1429. Notice and bond required prior to transfer
- § 64.2-1430. When bond may be dispensed with
- § 64.2-1431. Sale of property and payment of proceeds to nonresident trustee
- § 64.2-1432. Discharge from liability of resident guardian, committee, conservator, or trustee
- § 64.2-1500. Court orders regarding money in possession of fiduciary
- § 64.2-1501. Time within which guardian of an estate, conservator, or other fiduciary to invest funds; reasonable diligence required
- § 64.2-1502. In what securities fiduciaries may invest; definitions
- § 64.2-1503. Investment in bonds or other obligations issued, guaranteed, or assured by Inter-American Development Bank
- § 64.2-1504. Investments in municipal bonds by banks or trust companies
- § 64.2-1505. Investments that cease to be eligible may be retained
- § 64.2-1506. Investment in mutual fund affiliated with fiduciary
Chapter 16. UNIFORM POWER OF ATTORNEY ACT
Article 1. GENERAL PROVISIONS.
- § 64.2-1600. Definitions
- § 64.2-1601. Applicability
- § 64.2-1602. Power of attorney is durable
- § 64.2-1603. Execution of power of attorney
- § 64.2-1604. Validity of power of attorney
- § 64.2-1605. Meaning and effect of power of attorney
- § 64.2-1606. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
- § 64.2-1607. When power of attorney effective
- § 64.2-1608. Termination of power of attorney or agent's authority
- § 64.2-1609. Coagents and successor agents
- § 64.2-1610. Reimbursement and compensation of agent
- § 64.2-1611. Agent's acceptance
- § 64.2-1612. Agent's duties
- § 64.2-1613. Exoneration of agent
- § 64.2-1614. Judicial relief
- § 64.2-1615. Agent's liability
- § 64.2-1616. Agent's resignation; notice
- § 64.2-1617. Acceptance of and reliance upon acknowledged power of attorney
- § 64.2-1618. Liability for refusal to accept acknowledged power of attorney
- § 64.2-1619. Principles of law and equity
- § 64.2-1620. Laws applicable to financial institutions and entities
- § 64.2-1621. Remedies under other law
Article 2. AUTHORITY.
- § 64.2-1622. Authority that requires specific grant; grant of general authority
- § 64.2-1623. Incorporation of authority
- § 64.2-1624. Construction of authority generally
- § 64.2-1625. Real property
- § 64.2-1626. Tangible personal property
- § 64.2-1627. Stocks and bonds
- § 64.2-1628. Commodities and options
- § 64.2-1629. Banks and other financial institutions
- § 64.2-1630. Operation of entity or business
- § 64.2-1631. Insurance and annuities
- § 64.2-1632. Estates, trusts, and other beneficial interests
- § 64.2-1633. Claims and litigation
- § 64.2-1634. Personal and family maintenance
- § 64.2-1635. Benefits from governmental programs or civil or military service
- § 64.2-1636. Retirement plans
- § 64.2-1637. Taxes
- § 64.2-1638. Gifts
Article 3. STATUTORY FORMS.
Article 4. MISCELLANEOUS PROVISIONS.
- § 64.2-1640. Uniformity of application and construction
- § 64.2-1641. Relation to Electronic Signatures in Global and National Commerce Act
- § 64.2-1642. Effect on existing powers of attorney
Chapter 17. APPOINTMENT OF GUARDIAN
- § 64.2-1700. Natural guardians
- § 64.2-1701. Testamentary guardians
- § 64.2-1702. Appointment of guardians
- § 64.2-1703. Nomination of guardians
- § 64.2-1704. Guardian's bond
- § 64.2-1705. Redetermination of guardian's bond
- § 64.2-1706. When court may appoint temporary guardians; bond; powers and duties
- § 64.2-1800. Custody, care, and education of ward; ward's estate
- § 64.2-1801. Parental duty of support
- § 64.2-1802. Parental duty of support; limited authority of commissioner of accounts
- § 64.2-1803. Termination of guardianship
- § 64.2-1804. Powers of courts over guardians
- § 64.2-1805. Powers of guardian
- § 64.2-1806. Powers of guardian; transition rule
- § 64.2-1900. Definitions
- § 64.2-1901. Scope and jurisdiction
- § 64.2-1902. Nomination of custodian
- § 64.2-1903. Transfer by gift or exercise of power of appointment
- § 64.2-1904. Transfer authorized by will or trust
- § 64.2-1905. Other transfer by fiduciary
- § 64.2-1906. Transfer by obligor
- § 64.2-1907. Receipt for custodial property
- § 64.2-1908. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
- § 64.2-1909. Single and joint custodians
- § 64.2-1910. Validity and effect of transfer
- § 64.2-1911. Care of custodial property; duties of custodian
- § 64.2-1912. Powers of custodian
- § 64.2-1913. Use of custodial property
- § 64.2-1914. Custodian's expenses, compensation, and bond
- § 64.2-1915. Exemption of third person from liability
- § 64.2-1916. Liability to third persons
- § 64.2-1917. Renunciation, resignation, death, or removal of custodian; designation of successor custodian
- § 64.2-1918. Accounting by and determination of liability of custodian
- § 64.2-1919. Termination of custodianship
- § 64.2-1920. Applicability
- § 64.2-1921. Effect on existing custodianships
- § 64.2-1922. Uniformity of application and construction
Chapter 20. GUARDIANSHIP AND CONSERVATORSHIP
Article 1. APPOINTMENT.
- § 64.2-2000. Definitions
- § 64.2-2001. Filing of petition; jurisdiction; instructions to be provided
- § 64.2-2002. Who may file petition; contents
- § 64.2-2003. Appointment of guardian ad litem
- § 64.2-2004. Notice of hearing; jurisdictional
- § 64.2-2005. Evaluation report
- § 64.2-2006. Counsel for respondent
- § 64.2-2007. Hearing on petition to appoint
- § 64.2-2008. Fees and costs
- § 64.2-2009. Court order of appointment; limited guardianships and conservatorships
- § 64.2-2010. Eligibility for public guardian or conservator
- § 64.2-2011. Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate
- § 64.2-2012. Petition for restoration, modification, or termination; effects
- § 64.2-2013. Standby guardianship or conservatorship for incapacitated persons
- § 64.2-2014. Clerk to index findings of incapacity or restoration; notice of findings
- § 64.2-2015. When no guardian or conservator appointed within one month of adjudication
- § 64.2-2016. Trustees for incapacitated veterans and their beneficiaries
- § 64.2-2017. Payments from U.S. Department of Veterans Affairs
- § 64.2-2018. Taking of bond by clerk of court
Article 2. POWERS, DUTIES, AND LIABILITIES.
- § 64.2-2019. Duties and powers of guardian
- § 64.2-2020. Annual reports by guardians
- § 64.2-2021. General duties and liabilities of conservator
- § 64.2-2022. Management powers and duties of conservator
- § 64.2-2023. Estate planning
- § 64.2-2024. Fiduciary to take possession of incapacitated person's estate; suits relative to estate; retaining estate for fiduciary's own debt
- § 64.2-2025. Fiduciary to prosecute and defend actions involving incapacitated person
- § 64.2-2026. Surrender of incapacitated person's estate
- § 64.2-2027. Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses
- § 64.2-2028. Department of Behavioral Health and Developmental Services to be notified in certain cases
- § 64.2-2029. Application to guardians and conservators appointed pursuant to § 642-2115
Article 1. GENERAL PROVISIONS.
- § 64.2-2100. Definitions
- § 64.2-2101. International application of chapter
- § 64.2-2102. Communication between courts
- § 64.2-2103. Cooperation between courts
- § 64.2-2104. Taking testimony in another state
Article 2. JURISDICTION.
- § 64.2-2105. Definitions; significant connection factors
- § 64.2-2106. Exclusive basis
- § 64.2-2107. Jurisdiction
- § 64.2-2108. Special jurisdiction
- § 64.2-2109. Exclusive and continuing jurisdiction
- § 64.2-2110. Appropriate forum
- § 64.2-2111. Jurisdiction declined by reason of conduct
- § 64.2-2112. Notice of proceeding
- § 64.2-2113. Proceedings in more than one state
Article 3. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP.
- § 64.2-2114. Transfer of guardianship or conservatorship to another state
- § 64.2-2115. Accepting guardianship or conservatorship transferred from another state
Article 4. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES.
- § 64.2-2116. Registration of guardianship orders
- § 64.2-2117. Registration of conservatorship orders
- § 64.2-2118. Effect of registration
Article 5. MISCELLANEOUS PROVISIONS.
- § 64.2-2119. Uniformity of application and construction
- § 64.2-2120. Relation to electronic signatures in global and national commerce act
Chapter 22. UNIFORM SIMULTANEOUS DEATH ACT
- § 64.2-2200. Definitions
- § 64.2-2201. Requirement of survival by 120 hours for statutory rights
- § 64.2-2202. Requirement of survival by 120 hours under donative dispositions in governing instruments
- § 64.2-2203. Co-owners with right of survivorship; requirement of survival by 120 hours
- § 64.2-2204. Evidence of death or status
- § 64.2-2205. Exceptions
- § 64.2-2206. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient
- § 64.2-2207. Uniformity of application and construction
- § 64.2-2208. Effective date
- § 64.2-2300. Presumption of death from absence or disappearance; when applicable
- § 64.2-2301. Distribution of fund when presumption of death not applicable
- § 64.2-2302. Appointment of curator when presumption of death not applicable
- § 64.2-2303. Persons presumed dead; authority of clerk
- § 64.2-2304. Petition seeking determination of death; hearing; evidence; notice
- § 64.2-2305. Entry of order that presumption of death is applicable; effect
- § 64.2-2306. Distribution of property; refunding bond
- § 64.2-2307. Revocation of determination of death; effect on previous acts; title of purchasers
- § 64.2-2308. Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments
- § 64.2-2309. Costs
- § 64.2-2400. Appointment of conservator; jurisdiction and procedure
- § 64.2-2401. Bond; orders as to management of estate; support of dependents
- § 64.2-2402. Proceedings to sell property of absentee after failure to locate heirs
- § 64.2-2403. Termination of conservatorship
- § 64.2-2404. Expenses and compensation
- § 64.2-2500. Definitions
- § 64.2-2501. Slayer not to acquire property as result of slaying
- § 64.2-2502. Property passing by will or intestate succession; surviving spouse
- § 64.2-2503. Concurrent ownership with or without survivorship
- § 64.2-2504. Reversions and vested remainders
- § 64.2-2505. Interests dependent on survivorship or continuance of life
- § 64.2-2506. Contingent remainders and future interests
- § 64.2-2507. Powers of appointment
- § 64.2-2508. Proceeds of insurance; bona fide payment by insurance company or obligor
- § 64.2-2509. Persons acquiring from slayer protected
- § 64.2-2510. Admissibility of judicial record determining slayer
- § 64.2-2511. Construction
- § 64.2-2600. Definitions
- § 64.2-2601. Scope
- § 64.2-2602. Chapter supplemented by other law
- § 64.2-2603. Power to disclaim; general requirements; when irrevocable
- § 64.2-2604. Disclaimer of interest in property
- § 64.2-2605. Disclaimer of rights of survivorship in jointly held property
- § 64.2-2606. Disclaimer of interest by trustee
- § 64.2-2607. Disclaimer of power of appointment or other power not held in a fiduciary capacity
- § 64.2-2608. Disclaimer by appointee, object, or taker in default of exercise of power of appointment
- § 64.2-2609. Disclaimer of power held in fiduciary capacity
- § 64.2-2610. Delivery or filing
- § 64.2-2611. When disclaimer barred or limited
- § 64.2-2612. Tax qualified disclaimer
- § 64.2-2613. Recording of disclaimer
- § 64.2-2614. Application to existing relationships
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