{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-106.html"}],"law_id":84209,"edition_id":1,"section_id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","history":"1976, c. 437, \u00a7 64.1-57.1; 1985, c. 345; 1988, c. 345; 1999, c. 995; 2012, c. 614.","full_text":"A\n\nUpon the motion of a personal representative or trustee, a circuit court may grant to the personal representative or trustee all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105. If there is more than one personal representative or trustee, the court may specify as to whether the consent of all personal representatives or trustees or a majority thereof shall be required to act, and in absence of such specification, the consent of all such personal representatives or trustees to act shall be required.B\n\nSuch motion shall be filed in the circuit court in which the personal representative or trustee qualified, or if there was no qualification, the circuit court for the jurisdiction in which the grantor resides or resided at the time of his death, a trustee resides, or a corporate trustee has an office. Such motion may be ex parte; however, the court, in its discretion, may require such notice to and the convening of interested parties as it may deem proper in each case. Notwithstanding the granting of or the failure to grant such powers, the court shall have continuing jurisdiction to confer powers in addition to those previously granted or to revoke any or all such powers previously granted by the court. Such additional grant or revocation may also be ex parte.C\n\nThe court may, in granting or withholding such powers, consider (i) whether the personal representative or trustee was nominated by the decedent, the grantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries and their ability or inability to consent to the acts of the personal representative or trustee which are otherwise within the scope of § 64.2-105; (iii) the relationship of the personal representative or trustee to the beneficiaries; (iv) the character of the estate to be administered, including any real estate which would be within the scope of the powers granted by the provisions of § 64.2-106; and (v) the capacity of the personal representative or trustee to perform under the powers conferred and to answer for any acts for which he might be held accountable under his bond.\n\t\t\tThe court, in its discretion, may attach further conditions to such grant of power in any manner which it shall deem necessary and proper.D\n\nIn no case shall a court grant any powers, if the grant of such powers would be contrary to the intention of the testator or grantor as implied from or as expressed in the will or trust instrument, or would otherwise be inconsistent with the disposition made in the will or trust instrument.","order_by":null,"text":{"0":{"id":301835,"text":"Upon the motion of a personal representative or trustee, a circuit court may grant to the personal representative or trustee all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105. If there is more than one personal representative or trustee, the court may specify as to whether the consent of all personal representatives or trustees or a majority thereof shall be required to act, and in absence of such specification, the consent of all such personal representatives or trustees to act shall be required.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301836,"text":"Such motion shall be filed in the circuit court in which the personal representative or trustee qualified, or if there was no qualification, the circuit court for the jurisdiction in which the grantor resides or resided at the time of his death, a trustee resides, or a corporate trustee has an office. Such motion may be ex parte; however, the court, in its discretion, may require such notice to and the convening of interested parties as it may deem proper in each case. Notwithstanding the granting of or the failure to grant such powers, the court shall have continuing jurisdiction to confer powers in addition to those previously granted or to revoke any or all such powers previously granted by the court. Such additional grant or revocation may also be ex parte.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301837,"text":"The court may, in granting or withholding such powers, consider (i) whether the personal representative or trustee was nominated by the decedent, the grantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries and their ability or inability to consent to the acts of the personal representative or trustee which are otherwise within the scope of § 64.2-105; (iii) the relationship of the personal representative or trustee to the beneficiaries; (iv) the character of the estate to be administered, including any real estate which would be within the scope of the powers granted by the provisions of § 64.2-106; and (v) the capacity of the personal representative or trustee to perform under the powers conferred and to answer for any acts for which he might be held accountable under his bond.\n\t\t\tThe court, in its discretion, may attach further conditions to such grant of power in any manner which it shall deem necessary and proper.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":301838,"text":"In no case shall a court grant any powers, if the grant of such powers would be contrary to the intention of the testator or grantor as implied from or as expressed in the will or trust instrument, or would otherwise be inconsistent with the disposition made in the will or trust instrument.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13833,"edition_id":1,"name":"General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272797,"object_type":"structure","relational_id":13833,"identifier":"2","token":"64.2\/I\/1\/2","url":"\/64.2\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13832,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13831,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272785,"object_type":"structure","relational_id":13832,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13831,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272783,"object_type":"structure","relational_id":13831,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65069,"structure_id":13833,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","url":"\/64.2-102\/","token":"64.2\/I\/1\/2\/64.2-102","metadata":false},{"id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","metadata":false},{"id":60761,"structure_id":13833,"section_number":"64.2-104","catch_line":"Incorporation by reference into a will, power of attorney, or trust instrument","url":"\/64.2-104\/","token":"64.2\/I\/1\/2\/64.2-104","metadata":false},{"id":79409,"structure_id":13833,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/","token":"64.2\/I\/1\/2\/64.2-105","metadata":false},{"id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","metadata":false},{"id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","metadata":false},{"id":54847,"structure_id":13833,"section_number":"64.2-108","catch_line":"Power granted to personal representatives and trustees to donate conservation or open-space easements","url":"\/64.2-108\/","token":"64.2\/I\/1\/2\/64.2-108","metadata":false},{"id":62577,"structure_id":13833,"section_number":"64.2-108.1","catch_line":"References to former sections, articles, or chapters","url":"\/64.2-108.1\/","token":"64.2\/I\/1\/2\/64.2-108.1","metadata":false},{"id":71725,"structure_id":13833,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","url":"\/64.2-108.2\/","token":"64.2\/I\/1\/2\/64.2-108.2","metadata":false}],"previous_section":{"id":79409,"structure_id":13833,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/","token":"64.2\/I\/1\/2\/64.2-105","metadata":false},"next_section":{"id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-106\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 437 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 345; in 1988, chapter 345; in 1999, chapter 995<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":84209,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","order_by":null,"url":"\/64.2-106\/"}],"refers_to":[{"id":79409,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","order_by":null,"url":"\/64.2-105\/"},{"id":84209,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","order_by":null,"url":"\/64.2-106\/"}],"permalink":{"id":272815,"object_type":"law","relational_id":84209,"identifier":"64.2-106","token":"64.2\/I\/1\/2\/64.2-106","url":"\/64.2-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","dublin_core":{"Title":"Grant of certain powers to personal representative or trustee by circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the motion<\/span> of a personal representative<\/span> or trustee<\/span>, a circuit<\/span> court<\/span> may grant to the personal representative<\/span> or trustee<\/span> all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105<\/a>. If there is more than one personal representative<\/span> or trustee<\/span>, the court<\/span> may specify as to whether the consent of all personal representatives<\/span> or trustees<\/span> or a majority thereof shall be required to act, and in absence of such specification, the consent of all such personal representatives<\/span> or trustees<\/span> to act shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such motion<\/span> shall be filed in the circuit<\/span> court<\/span> in which the personal representative<\/span> or trustee<\/span> qualified, or if there was no qualification, the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which the grantor resides or resided at the time of his death, a trustee<\/span> resides, or a corporate trustee<\/span> has an office. Such motion<\/span> may be ex parte<\/span>; however, the court<\/span>, in its discretion, may require such notice to and the convening of interested parties as it may deem proper in each case. Notwithstanding the granting of or the failure to grant such powers, the court<\/span> shall have continuing jurisdiction<\/span> to confer powers in addition to those previously granted or to revoke any or all such powers previously granted by the court<\/span>. Such additional grant or revocation<\/span> may also be ex parte<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> may, in granting or withholding such powers, consider (i) whether the personal representative<\/span> or trustee<\/span> was nominated by the decedent, the grantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries and their ability or inability to consent to the acts of the personal representative<\/span> or trustee<\/span> which are otherwise within the scope of § 64.2-105<\/a>; (iii) the relationship of the personal representative<\/span> or trustee<\/span> to the beneficiaries; (iv) the character of the estate to be administered, including any real estate which would be within the scope of the powers granted by the provisions of § 64.2-106<\/a>; and (v) the capacity of the personal representative<\/span> or trustee<\/span> to perform under the powers conferred and to answer for any acts for which he might be held accountable under his bond<\/span>.\n\t\t\tThe court<\/span>, in its discretion, may attach further conditions to such grant of power in any manner which it shall deem necessary and proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In no case shall a court<\/span> grant any powers, if the grant of such powers would be contrary to the intention of the testator or grantor as implied from or as expressed in the will<\/span> or trust instrument, or would otherwise be inconsistent with the disposition<\/span> made in the will<\/span> or trust instrument. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGRANT OF CERTAIN POWERS TO PERSONAL REPRESENTATIVE OR TRUSTEE BY CIRCUIT COURT\n(\u00a7 64.2-106)\n\nA. Upon the motion of a personal representative or trustee, a circuit court may\ngrant to the personal representative or trustee all or a part of the powers that\nmay be incorporated by reference pursuant to § 64.2-105. If there is more\nthan one personal representative or trustee, the court may specify as to whether\nthe consent of all personal representatives or trustees or a majority thereof\nshall be required to act, and in absence of such specification, the consent of\nall such personal representatives or trustees to act shall be required.\n\nB. Such motion shall be filed in the circuit court in which the personal\nrepresentative or trustee qualified, or if there was no qualification, the\ncircuit court for the jurisdiction in which the grantor resides or resided at\nthe time of his death, a trustee resides, or a corporate trustee has an office.\nSuch motion may be ex parte; however, the court, in its discretion, may require\nsuch notice to and the convening of interested parties as it may deem proper in\neach case. Notwithstanding the granting of or the failure to grant such powers,\nthe court shall have continuing jurisdiction to confer powers in addition to\nthose previously granted or to revoke any or all such powers previously granted\nby the court. Such additional grant or revocation may also be ex parte.\n\nC. The court may, in granting or withholding such powers, consider (i) whether\nthe personal representative or trustee was nominated by the decedent, the\ngrantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries\nand their ability or inability to consent to the acts of the personal\nrepresentative or trustee which are otherwise within the scope of §\n64.2-105; (iii) the relationship of the personal representative or trustee to\nthe beneficiaries; (iv) the character of the estate to be administered,\nincluding any real estate which would be within the scope of the powers granted\nby the provisions of § 64.2-106; and (v) the capacity of the personal\nrepresentative or trustee to perform under the powers conferred and to answer\nfor any acts for which he might be held accountable under his bond.\n\t\t\tThe court, in its discretion, may attach further conditions to such grant of\npower in any manner which it shall deem necessary and proper.\n\nD. In no case shall a court grant any powers, if the grant of such powers would\nbe contrary to the intention of the testator or grantor as implied from or as\nexpressed in the will or trust instrument, or would otherwise be inconsistent\nwith the disposition made in the will or trust instrument.\n\nHISTORY: 1976, c. 437, \u00a7 64.1-57.1; 1985, c. 345; 1988, c. 345; 1999, c. 995;\n2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}