{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1401.html"}],"law_id":71191,"edition_id":1,"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","history":"1964, c. 464, \u00a7\u00a7 26-46.2, 26-46.3; 1966, c. 327; 1968, c. 514; 1981, c. 239, 2012, c. 614.","full_text":"A\n\nIn the case of a testamentary trust, the jurisdiction where the will has been admitted to probate in the Commonwealth shall be the exclusive jurisdiction for the qualification of the trustee under such will. In the case of a will of a nonresident that has not been admitted to probate in the Commonwealth, the trustee under such will shall be permitted to qualify in any jurisdiction in which such will could be probated or, if there is no such jurisdiction, then the trustee shall be permitted to qualify pursuant to &#xA7; 64.2-1402.B\n\nBefore proceeding to act as trustee, the trustee named in a will probated after July 1, 1968, shall qualify and give bond before the proper circuit court or clerk with surety as may be required by the court or clerk unless (i) the will waives surety on the bond, (ii) surety is not required under &#xA7; 6.2-1003, or (iii) the will was executed prior to July 1, 1968, and the trustee offering to qualify as such was also named in the will as executor and qualifies as such, and the will waives surety upon the bond of such executor.C\n\nThe provisions hereof shall not apply to a testamentary devise or bequest to a church or its trustees.D\n\nIf real estate located in the Commonwealth constitutes any of the trust assets, the qualification of the trustee under this section shall not be in lieu of any other recordation required by law.","order_by":null,"text":{"0":{"id":256608,"text":"In the case of a testamentary trust, the jurisdiction where the will has been admitted to probate in the Commonwealth shall be the exclusive jurisdiction for the qualification of the trustee under such will. In the case of a will of a nonresident that has not been admitted to probate in the Commonwealth, the trustee under such will shall be permitted to qualify in any jurisdiction in which such will could be probated or, if there is no such jurisdiction, then the trustee shall be permitted to qualify pursuant to &#xA7; 64.2-1402.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256609,"text":"Before proceeding to act as trustee, the trustee named in a will probated after July 1, 1968, shall qualify and give bond before the proper circuit court or clerk with surety as may be required by the court or clerk unless (i) the will waives surety on the bond, (ii) surety is not required under &#xA7; 6.2-1003, or (iii) the will was executed prior to July 1, 1968, and the trustee offering to qualify as such was also named in the will as executor and qualifies as such, and the will waives surety upon the bond of such executor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256610,"text":"The provisions hereof shall not apply to a testamentary devise or bequest to a church or its trustees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256611,"text":"If real estate located in the Commonwealth constitutes any of the trust assets, the qualification of the trustee under this section shall not be in lieu of any other recordation required by law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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}],"previous_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","url":"\/64.2-1400\/","token":"64.2\/IV\/A\/14\/1\/64.2-1400","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1401\/","history_text":"<p>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 3 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 1966, chapter 327; in 1968, chapter 514; in 1981, chapter 239.<\/p>","references":[{"id":64797,"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","order_by":null,"url":"\/64.2-1400\/"},{"id":60933,"section_number":"64.2-1402","catch_line":"Jurisdiction for qualification of certain testamentary trustees and trustees generally","order_by":null,"url":"\/64.2-1402\/"}],"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\/"}],"permalink":{"id":274993,"object_type":"law","relational_id":71191,"identifier":"64.2-1401","token":"64.2\/IV\/A\/14\/1\/64.2-1401","url":"\/64.2-1401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1401\/","token":"64.2\/IV\/A\/14\/1\/64.2-1401","dublin_core":{"Title":"Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In the case of a testamentary trust, the <span class=\"dictionary\">jurisdiction<\/span> where the <span class=\"dictionary\">will<\/span> has been admitted to probate in the Commonwealth shall be the exclusive <span class=\"dictionary\">jurisdiction<\/span> for the qualification of the <span class=\"dictionary\">trustee<\/span> under such <span class=\"dictionary\">will<\/span>. In the case of a <span class=\"dictionary\">will<\/span> of a nonresident that has not been admitted to probate in the Commonwealth, the <span class=\"dictionary\">trustee<\/span> under such <span class=\"dictionary\">will<\/span> shall be permitted to qualify in any <span class=\"dictionary\">jurisdiction<\/span> in which such <span class=\"dictionary\">will<\/span> could be probated or, if there is no such <span class=\"dictionary\">jurisdiction<\/span>, then the <span class=\"dictionary\">trustee<\/span> shall be permitted to qualify pursuant to &#xA7; <a class=\"law\" title=\"Jurisdiction for qualification of certain testamentary trustees and trustees generally\" href=\"\/64.2-1402\/\">64.2-1402<\/a>. <a id=\"paragraph-256608\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1401\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Before proceeding to act as <span class=\"dictionary\">trustee<\/span>, the <span class=\"dictionary\">trustee<\/span> named in a <span class=\"dictionary\">will<\/span> probated after July 1, 1968, shall qualify and give <span class=\"dictionary\">bond<\/span> before the proper <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> or clerk with <span class=\"dictionary\">surety<\/span> as may be required by the <span class=\"dictionary\">court<\/span> or clerk unless (i) the <span class=\"dictionary\">will<\/span> <span class=\"dictionary\">waives<\/span> <span class=\"dictionary\">surety<\/span> on the <span class=\"dictionary\">bond<\/span>, (ii) <span class=\"dictionary\">surety<\/span> is not required under &#xA7; <a class=\"law\" title=\"When security not required; payment of probate taxes and fees\" href=\"\/6.2-1003\/\">6.2-1003<\/a>, or (iii) the <span class=\"dictionary\">will<\/span> was executed prior to July 1, 1968, and the <span class=\"dictionary\">trustee<\/span> offering to qualify as such was also named in the <span class=\"dictionary\">will<\/span> as executor and qualifies as such, and the <span class=\"dictionary\">will<\/span> <span class=\"dictionary\">waives<\/span> <span class=\"dictionary\">surety<\/span> upon the <span class=\"dictionary\">bond<\/span> of such executor. <a id=\"paragraph-256609\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1401\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The provisions hereof shall not apply to a testamentary devise or bequest to a church or its <span class=\"dictionary\">trustees<\/span>. <a id=\"paragraph-256610\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1401\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If real estate located in the Commonwealth constitutes any of the trust <span class=\"dictionary\">assets<\/span>, the qualification of the <span class=\"dictionary\">trustee<\/span> under this section shall not be in lieu of any other recordation required by <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-256611\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1401\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nJURISDICTION FOR QUALIFICATION OF TESTAMENTARY TRUSTEE; QUALIFICATION AND BOND;\nWHEN SURETY NOT REQUIRED (\u00a7 64.2-1401)\n\nA. In the case of a testamentary trust, the jurisdiction where the will has been\nadmitted to probate in the Commonwealth shall be the exclusive jurisdiction for\nthe qualification of the trustee under such will. In the case of a will of a\nnonresident that has not been admitted to probate in the Commonwealth, the\ntrustee under such will shall be permitted to qualify in any jurisdiction in\nwhich such will could be probated or, if there is no such jurisdiction, then the\ntrustee shall be permitted to qualify pursuant to &#xA7; 64.2-1402.\n\nB. Before proceeding to act as trustee, the trustee named in a will probated\nafter July 1, 1968, shall qualify and give bond before the proper circuit court\nor clerk with surety as may be required by the court or clerk unless (i) the\nwill waives surety on the bond, (ii) surety is not required under &#xA7;\n6.2-1003, or (iii) the will was executed prior to July 1, 1968, and the trustee\noffering to qualify as such was also named in the will as executor and qualifies\nas such, and the will waives surety upon the bond of such executor.\n\nC. The provisions hereof shall not apply to a testamentary devise or bequest to\na church or its trustees.\n\nD. If real estate located in the Commonwealth constitutes any of the trust\nassets, the qualification of the trustee under this section shall not be in lieu\nof any other recordation required by law.\n\nHISTORY: 1964, c. 464, \u00a7\u00a7 26-46.2, 26-46.3; 1966, c. 327; 1968, c. 514; 1981,\nc. 239, 2012, 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}}