2006 Code of Virginia § 64.1-116 - When and to whom administration, with the will annexed, may be granted

64.1-116. When and to whom administration, with the will annexed, may begranted.

If there be no executor appointed by the will or if all the executors thereinnamed refuse the executorship or fail to give bond when required, which shallamount to such refusal, or having qualified die, resign or are removed fromoffice, the court or clerk may grant administration with the will annexed toa person who is a residual or a substantial legatee under the will, or hisdesignee, and upon the failure of any such person so to apply within thirtydays, to a person who would have been entitled to administration if there hadbeen no will, upon his taking such oath and giving such bond; provided thatadministration shall not be granted to any person unless the court or clerkis satisfied that he is suitable and competent to perform the duties of hisoffice. If any beneficiary of the estate objects, no husband, wife or parentwho has been barred from all interest in the estate because of desertion orabandonment as provided under 64.1-16.3 shall be suitable to serve as anadministrator of the estate of the deceased spouse or child, as the case maybe.

(Code 1950, 64-112; 1968, c. 656; 1979, c. 323; 2000, c. 321.)