2006 Code of Virginia § 26-59 - Nonresident fiduciaries

26-59. Nonresident fiduciaries.

A. A natural person, not a resident of this Commonwealth, may be appointed orallowed to qualify or act as personal representative, or trustee under awill, of any decedent, or appointed as guardian of an infant's estate, orguardian or conservator of the property of an incapacitated person underChapter 10 ( 37.2-1000 et seq.) of Title 37.2.

Qualification of such person as a personal representative, or trustee under awill of any decedent shall be subject to the provisions of Article 1 (64.1-116 et seq.) of Chapter 6 of Title 64.1.

At the time of qualification or appointment each such person shall file withthe clerk of the circuit court of the jurisdiction wherein such qualificationis had or appointment is made, his consent in writing that service of processin any action or proceeding against him as personal representative, trusteeunder a will, conservator or guardian, or any other notice with respect tothe administration of the estate, trust, or person in his charge in thisCommonwealth may be by service upon the clerk of the court in which he isqualified or appointed, or upon such resident of this Commonwealth and atsuch address as he may appoint in the written instrument. In the event of thedeath, removal, resignation or absence from this Commonwealth of a residentagent or any successor named by a similar instrument filed with the clerk, orif a resident agent or any such successor cannot with due diligence be foundfor service at the address designated in such instrument, then any process ornotice may be served on the clerk of such circuit court. Notwithstanding 37.2-1011 and 64.1-121, where any nonresident qualifies, other than as aguardian, pursuant to this subsection, bond with surety shall be required inevery case, unless a resident personal representative, trustee, or fiduciaryqualifies at the same time or the court or clerk making the appointmentwaives surety under the provisions of 26-4.

B. No corporation shall be appointed or allowed to qualify or act as personalrepresentative, or trustee under a will, or as one of the personalrepresentatives or trustees under a will, of any decedent, or appointed orallowed to qualify or act as guardian of an infant, or as one of theguardians of an infant, or guardian of the person or property of anincapacitated person under Chapter 10 ( 37.2-1000 et seq.) of Title 37.2, oras one of such guardians or conservators, unless such corporation isauthorized to do business in this Commonwealth. Nothing in this section shallbe construed to impair the validity of any appointment or qualification madeprior to January 1, 1962, nor to affect in any way the other provisions ofthis chapter or of 64.1-130. The provisions of this section shall notauthorize or allow any appointment or qualifications prohibited by 6.1-5.

C. The fact that an individual nominated or appointed as the guardian of theperson of an infant is not a resident of this Commonwealth shall not preventthe qualification of the individual to serve as the sole guardian of theperson of the infant.

(1924, p. 415; 1936, p. 760; Michie Code 1942, 5400a; 1950, p. 724; 1962,c. 576; 1983, c. 467; 1984, c. 39; 1986, cc. 53, 543; 1989, c. 535; 1995, cc.678, 684; 1996, c. 680; 1997, c. 921; 2001, c. 836.)