{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1400.html"}],"law_id":64797,"edition_id":1,"section_id":64797,"structure_id":14731,"section_number":"64.2-1400","catch_line":"Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named","history":"1964, c. 464, \u00a7 26-46.1; 1977, c. 256; 1981, c. 239; 1997, c. 220; 2012, c. 614.","full_text":"A\n\nSubject to the provisions of § 64.2-1406, the clerk of any circuit court or any duly qualified deputy of such clerk may qualify any trustee named in a will, deed, or other writing, and require and take from them the necessary bonds in the same manner and with like effect as the court.B\n\nPursuant to the provisions of § 64.2-1426, the clerk or deputy may appoint and qualify an individual or a corporation authorized under § 6.2-803 as trustee. Such appointment may be made in the same manner and subject to the provisions of § 64.2-500.C\n\nThe clerk shall not require security from a trustee if the will, deed, or other writing directs that a trustee shall not give security, unless, based on the application of any interested person or on the clerk’s own knowledge, the clerk determines that security ought to be required. This section shall not be construed to require security where security is not required pursuant to § 6.2-1003 or 64.2-1401 or to affect the jurisdiction of the court to qualify trustees and to require security or not, as the court sees fit.D\n\nQualification of a trustee under this section may be ex parte, and no prior notice to the beneficiaries of the qualification shall be required. If less than all the trustees named in the deed, will, or other writing desire to qualify, then the trustee shall only be qualified after reasonable notice is given to any other named trustees.E\n\nIf less than all the trustees named in the will, deed, or other writing qualify, then the trust powers conferred by the trust instrument shall be exercisable only by the trustees who have qualified under this section or in any other manner permitted by law.","order_by":null,"text":{"0":{"id":235797,"text":"Subject to the provisions of § 64.2-1406, the clerk of any circuit court or any duly qualified deputy of such clerk may qualify any trustee named in a will, deed, or other writing, and require and take from them the necessary bonds in the same manner and with like effect as the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235798,"text":"Pursuant to the provisions of § 64.2-1426, the clerk or deputy may appoint and qualify an individual or a corporation authorized under § 6.2-803 as trustee. Such appointment may be made in the same manner and subject to the provisions of § 64.2-500.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235799,"text":"The clerk shall not require security from a trustee if the will, deed, or other writing directs that a trustee shall not give security, unless, based on the application of any interested person or on the clerk’s own knowledge, the clerk determines that security ought to be required. This section shall not be construed to require security where security is not required pursuant to § 6.2-1003 or 64.2-1401 or to affect the jurisdiction of the court to qualify trustees and to require security or not, as the court sees fit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235800,"text":"Qualification of a trustee under this section may be ex parte, and no prior notice to the beneficiaries of the qualification shall be required. If less than all the trustees named in the deed, will, or other writing desire to qualify, then the trustee shall only be qualified after reasonable notice is given to any other named trustees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235801,"text":"If less than all the trustees named in the will, deed, or other writing qualify, then the trust powers conferred by the trust instrument shall be exercisable only by the trustees who have qualified under this section or in any other manner permitted by law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14731,"edition_id":1,"name":"Appointment, Qualification, Resignation, and Removal of Fiduciaries","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13081,"metadata":{},"date_created":"2026-06-26 03:49:34","date_modified":"2026-06-26 03:49:34","permalink":{"id":274987,"object_type":"structure","relational_id":14731,"identifier":"1","token":"64.2\/IV\/A\/14\/1","url":"\/64.2\/IV\/A\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13081,"edition_id":1,"name":"Fiduciaries Generally","identifier":"14","label":"chapter","depth":4,"order_by":1,"parent_id":12991,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":274985,"object_type":"structure","relational_id":13081,"identifier":"14","token":"64.2\/IV\/A\/14","url":"\/64.2\/IV\/A\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12991,"edition_id":1,"name":"Fiduciaries","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":274815,"object_type":"structure","relational_id":12991,"identifier":"A","token":"64.2\/IV\/A","url":"\/64.2\/IV\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","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":64797,"structure_id":14731,"section_number":"64.2-1400","catch_line":"Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named","url":"\/64.2-1400\/","token":"64.2\/IV\/A\/14\/1\/64.2-1400","metadata":false},{"id":71191,"structure_id":14731,"section_number":"64.2-1401","catch_line":"Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required","url":"\/64.2-1401\/","token":"64.2\/IV\/A\/14\/1\/64.2-1401","metadata":false},{"id":60933,"structure_id":14731,"section_number":"64.2-1402","catch_line":"Jurisdiction for qualification of certain testamentary trustees and trustees generally","url":"\/64.2-1402\/","token":"64.2\/IV\/A\/14\/1\/64.2-1402","metadata":false},{"id":70425,"structure_id":14731,"section_number":"64.2-1403","catch_line":"Qualification of trustees","url":"\/64.2-1403\/","token":"64.2\/IV\/A\/14\/1\/64.2-1403","metadata":false},{"id":72307,"structure_id":14731,"section_number":"64.2-1404","catch_line":"New fiduciary appointed when authority of former revoked","url":"\/64.2-1404\/","token":"64.2\/IV\/A\/14\/1\/64.2-1404","metadata":false},{"id":63894,"structure_id":14731,"section_number":"64.2-1405","catch_line":"Court may appoint trustee in place of one named in will, deed, or other writing; management by corporate trustee outside of the Commonwealth","url":"\/64.2-1405\/","token":"64.2\/IV\/A\/14\/1\/64.2-1405","metadata":false},{"id":68725,"structure_id":14731,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","url":"\/64.2-1406\/","token":"64.2\/IV\/A\/14\/1\/64.2-1406","metadata":false},{"id":76370,"structure_id":14731,"section_number":"64.2-1407","catch_line":"Who to execute the trust until new trustee appointed","url":"\/64.2-1407\/","token":"64.2\/IV\/A\/14\/1\/64.2-1407","metadata":false},{"id":62924,"structure_id":14731,"section_number":"64.2-1408","catch_line":"Circuit court may exercise same powers in suit to enforce or administer trust","url":"\/64.2-1408\/","token":"64.2\/IV\/A\/14\/1\/64.2-1408","metadata":false},{"id":66306,"structure_id":14731,"section_number":"64.2-1409","catch_line":"Information to be provided to clerk by fiduciary","url":"\/64.2-1409\/","token":"64.2\/IV\/A\/14\/1\/64.2-1409","metadata":false},{"id":75098,"structure_id":14731,"section_number":"64.2-1410","catch_line":"When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest","url":"\/64.2-1410\/","token":"64.2\/IV\/A\/14\/1\/64.2-1410","metadata":false},{"id":73527,"structure_id":14731,"section_number":"64.2-1411","catch_line":"When fiduciary may qualify without security; requirements for issuance of certificates of qualification; payments","url":"\/64.2-1411\/","token":"64.2\/IV\/A\/14\/1\/64.2-1411","metadata":false},{"id":76583,"structure_id":14731,"section_number":"64.2-1412","catch_line":"How trustee required to give bond; when to be removed and another appointed","url":"\/64.2-1412\/","token":"64.2\/IV\/A\/14\/1\/64.2-1412","metadata":false},{"id":75901,"structure_id":14731,"section_number":"64.2-1413","catch_line":"Placing certain trust assets in designated financial institutions; waiver or reduction of bond of fiduciary","url":"\/64.2-1413\/","token":"64.2\/IV\/A\/14\/1\/64.2-1413","metadata":false},{"id":56428,"structure_id":14731,"section_number":"64.2-1414","catch_line":"Effect of orders of qualification of bank as committee or guardian","url":"\/64.2-1414\/","token":"64.2\/IV\/A\/14\/1\/64.2-1414","metadata":false},{"id":58324,"structure_id":14731,"section_number":"64.2-1415","catch_line":"Liability for losses by negligence or failure to make defense","url":"\/64.2-1415\/","token":"64.2\/IV\/A\/14\/1\/64.2-1415","metadata":false},{"id":68464,"structure_id":14731,"section_number":"64.2-1416","catch_line":"Liability of fiduciary for actions of cofiduciary","url":"\/64.2-1416\/","token":"64.2\/IV\/A\/14\/1\/64.2-1416","metadata":false},{"id":84540,"structure_id":14731,"section_number":"64.2-1417","catch_line":"How judgment may be entered against personal representative, conservator, or committee","url":"\/64.2-1417\/","token":"64.2\/IV\/A\/14\/1\/64.2-1417","metadata":false},{"id":69326,"structure_id":14731,"section_number":"64.2-1418","catch_line":"Court order for payments due from fiduciaries; effect","url":"\/64.2-1418\/","token":"64.2\/IV\/A\/14\/1\/64.2-1418","metadata":false},{"id":76312,"structure_id":14731,"section_number":"64.2-1419","catch_line":"Execution of fiduciary bond or appointment of agent designates clerk as attorney for service of process","url":"\/64.2-1419\/","token":"64.2\/IV\/A\/14\/1\/64.2-1419","metadata":false},{"id":65660,"structure_id":14731,"section_number":"64.2-1420","catch_line":"Clerk to mail notice, process, or rule to person served","url":"\/64.2-1420\/","token":"64.2\/IV\/A\/14\/1\/64.2-1420","metadata":false},{"id":83020,"structure_id":14731,"section_number":"64.2-1421","catch_line":"What judgment or decree based upon service upon clerk shall specifically adjudicate","url":"\/64.2-1421\/","token":"64.2\/IV\/A\/14\/1\/64.2-1421","metadata":false},{"id":72476,"structure_id":14731,"section_number":"64.2-1422","catch_line":"Environmental liability of fiduciaries","url":"\/64.2-1422\/","token":"64.2\/IV\/A\/14\/1\/64.2-1422","metadata":false},{"id":77390,"structure_id":14731,"section_number":"64.2-1423","catch_line":"Trustee not disqualified due to status as stockholder, employee, or officer of corporate noteholder; sale of property by trustee not voidable","url":"\/64.2-1423\/","token":"64.2\/IV\/A\/14\/1\/64.2-1423","metadata":false},{"id":60671,"structure_id":14731,"section_number":"64.2-1424","catch_line":"Resignation by fiduciary of his trust","url":"\/64.2-1424\/","token":"64.2\/IV\/A\/14\/1\/64.2-1424","metadata":false},{"id":75004,"structure_id":14731,"section_number":"64.2-1425","catch_line":"How securities transferred to successor","url":"\/64.2-1425\/","token":"64.2\/IV\/A\/14\/1\/64.2-1425","metadata":false}],"next_section":{"id":71191,"structure_id":14731,"section_number":"64.2-1401","catch_line":"Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required","url":"\/64.2-1401\/","token":"64.2\/IV\/A\/14\/1\/64.2-1401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1400\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 464 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 1964 \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 1977, chapter 256; in 1981, chapter 239; in 1997, chapter 220<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":75287,"section_number":"6.2-1003","catch_line":"When security not required; payment of probate taxes and fees","order_by":null,"url":"\/6.2-1003\/"},{"id":58014,"section_number":"6.2-803","catch_line":"Entities authorized to engage in banking business","order_by":null,"url":"\/6.2-803\/"},{"id":71191,"section_number":"64.2-1401","catch_line":"Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required","order_by":null,"url":"\/64.2-1401\/"},{"id":68725,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","order_by":null,"url":"\/64.2-1406\/"},{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"}],"permalink":{"id":274989,"object_type":"law","relational_id":64797,"identifier":"64.2-1400","token":"64.2\/IV\/A\/14\/1\/64.2-1400","url":"\/64.2-1400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1400\/","token":"64.2\/IV\/A\/14\/1\/64.2-1400","dublin_core":{"Title":"Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to the provisions of § 64.2-1406<\/a>, the clerk of any circuit<\/span> court<\/span> or any duly qualified deputy of such clerk may qualify any trustee<\/span> named in a will<\/span>, deed, or other writing, and require and take from them the necessary bonds<\/span> in the same manner and with like effect as the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Pursuant to the provisions of § 64.2-1426<\/a>, the clerk or deputy may appoint and qualify an individual or a corporation authorized under § 6.2-803<\/a> as trustee<\/span>. Such appointment may be made in the same manner and subject to the provisions of § 64.2-500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The clerk shall not require security from a trustee<\/span> if the will<\/span>, deed, or other writing directs that a trustee<\/span> shall not give security, unless, based on the application of any interested person or on the clerk’s own knowledge, the clerk determines that security ought to be required. This section shall not be construed to require security where security is not required pursuant to § 6.2-1003<\/a> or 64.2-1401<\/a> or to affect the jurisdiction<\/span> of the court<\/span> to qualify trustees<\/span> and to require security or not, as the court<\/span> sees fit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Qualification of a trustee<\/span> under this section may be ex parte<\/span>, and no prior notice to the beneficiaries of the qualification shall be required. If less than all the trustees<\/span> named in the deed, will<\/span>, or other writing desire to qualify, then the trustee<\/span> shall only be qualified after reasonable notice is given to any other named trustees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If less than all the trustees<\/span> named in the will<\/span>, deed, or other writing qualify, then the trust powers conferred by the trust instrument shall be exercisable only by the trustees<\/span> who have qualified under this section or in any other manner permitted by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO QUALIFY TRUSTEE; NECESSITY FOR SECURITY; NOTICE OF QUALIFICATION;\nQUALIFICATION BY LESS THAN ALL OF TRUSTEES NAMED (\u00a7 64.2-1400)\n\nA. Subject to the provisions of § 64.2-1406, the clerk of any circuit court\nor any duly qualified deputy of such clerk may qualify any trustee named in a\nwill, deed, or other writing, and require and take from them the necessary bonds\nin the same manner and with like effect as the court.\n\nB. Pursuant to the provisions of § 64.2-1426, the clerk or deputy may\nappoint and qualify an individual or a corporation authorized under §\n6.2-803 as trustee. Such appointment may be made in the same manner and subject\nto the provisions of § 64.2-500.\n\nC. The clerk shall not require security from a trustee if the will, deed, or\nother writing directs that a trustee shall not give security, unless, based on\nthe application of any interested person or on the clerk’s own knowledge,\nthe clerk determines that security ought to be required. This section shall not\nbe construed to require security where security is not required pursuant to\n§ 6.2-1003 or 64.2-1401 or to affect the jurisdiction of the court to\nqualify trustees and to require security or not, as the court sees fit.\n\nD. Qualification of a trustee under this section may be ex parte, and no prior\nnotice to the beneficiaries of the qualification shall be required. If less than\nall the trustees named in the deed, will, or other writing desire to qualify,\nthen the trustee shall only be qualified after reasonable notice is given to any\nother named trustees.\n\nE. If less than all the trustees named in the will, deed, or other writing\nqualify, then the trust powers conferred by the trust instrument shall be\nexercisable only by the trustees who have qualified under this section or in any\nother manner permitted by law.\n\nHISTORY: 1964, c. 464, \u00a7 26-46.1; 1977, c. 256; 1981, c. 239; 1997, c. 220;\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}}