{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1406.html"}],"law_id":68725,"edition_id":1,"section_id":68725,"structure_id":14731,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","history":"Code 1919, \u00a7 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p. 337; Code 1950, \u00a7 26-50; 1972, c. 825; 1997, c. 921; 2012, c. 614.","full_text":"A\n\nReasonable notice of a motion made pursuant to § 64.2-1405 for the appointment of a substitute trustee shall be provided to all persons interested in the execution of the trust other than the moving party. If any interested person is under 18 years of age, the circuit court or clerk shall appoint a discreet and competent attorney-at-law as guardian ad litem for such person on whom notice may be served. If any interested person is incapacitated or incarcerated, the notice shall be served on his committee, guardian, or conservator, if any, or if none exists, the court or clerk shall appoint a discreet and competent attorney-at-law as a guardian ad litem for such person on whom notice may be served. Notice does not need to be given to a trustee or, if one has previously been appointed, a substitute trustee who no longer resides the Commonwealth, declined to accept the trust, or resigned, or to the personal representative of a deceased trustee, or to a corporate trustee that has been adjudicated bankrupt or that has lost its charter.B\n\nIn the case of the substitution of the trustee in a deed of trust securing the payment of indebtedness, notice of the motion made pursuant to § 64.2-1405 need only be given to the trustee or, if one has previously been appointed, to the substitute trustee unless notice to him is not required pursuant to subsection A; any beneficiaries appearing of record or known to the moving party; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person in whom the equitable title to the property conveyed by the deed of trust is vested at the time of the motion as shown by the deed records. In such case when the written notice of motion has been filed in the clerk’s office of the court having jurisdiction as defined in § 64.2-1405, service of the notice as to all parties mentioned in § 8.01-316 may be made in conformity with the provisions of §§ 8.01-316, 8.01-317, 8.01-318, 8.01-320, 8.01-322, and 8.01-323.C\n\nAny decree or order of substitution heretofore made by a court of competent jurisdiction is hereby validated.D\n\nNothing in this section shall be construed as preventing a court from substituting a trustee in a suit instituted for that purpose.","order_by":null,"text":{"0":{"id":248790,"text":"Reasonable notice of a motion made pursuant to § 64.2-1405 for the appointment of a substitute trustee shall be provided to all persons interested in the execution of the trust other than the moving party. If any interested person is under 18 years of age, the circuit court or clerk shall appoint a discreet and competent attorney-at-law as guardian ad litem for such person on whom notice may be served. If any interested person is incapacitated or incarcerated, the notice shall be served on his committee, guardian, or conservator, if any, or if none exists, the court or clerk shall appoint a discreet and competent attorney-at-law as a guardian ad litem for such person on whom notice may be served. Notice does not need to be given to a trustee or, if one has previously been appointed, a substitute trustee who no longer resides the Commonwealth, declined to accept the trust, or resigned, or to the personal representative of a deceased trustee, or to a corporate trustee that has been adjudicated bankrupt or that has lost its charter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248791,"text":"In the case of the substitution of the trustee in a deed of trust securing the payment of indebtedness, notice of the motion made pursuant to § 64.2-1405 need only be given to the trustee or, if one has previously been appointed, to the substitute trustee unless notice to him is not required pursuant to subsection A; any beneficiaries appearing of record or known to the moving party; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person in whom the equitable title to the property conveyed by the deed of trust is vested at the time of the motion as shown by the deed records. In such case when the written notice of motion has been filed in the clerk’s office of the court having jurisdiction as defined in § 64.2-1405, service of the notice as to all parties mentioned in § 8.01-316 may be made in conformity with the provisions of §§ 8.01-316, 8.01-317, 8.01-318, 8.01-320, 8.01-322, and 8.01-323.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248792,"text":"Any decree or order of substitution heretofore made by a court of competent jurisdiction is hereby validated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248793,"text":"Nothing in this section shall be construed as preventing a court from substituting a trustee in a suit instituted for that purpose.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1406\/","history_text":"

The record of this law\u2019s original creation isn\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 1972, chapter 825; in 1997, chapter 921<\/a>; in 2012, chapter 614<\/a>.<\/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":62924,"section_number":"64.2-1408","catch_line":"Circuit court may exercise same powers in suit to enforce or administer trust","order_by":null,"url":"\/64.2-1408\/"},{"id":83972,"section_number":"64.2-745.2","catch_line":"Definitions; vacancies; right to withdraw","order_by":null,"url":"\/64.2-745.2\/"},{"id":66102,"section_number":"64.2-757","catch_line":"Vacancy in trusteeship; appointment of successor","order_by":null,"url":"\/64.2-757\/"}],"refers_to":[{"id":63894,"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","order_by":null,"url":"\/64.2-1405\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"},{"id":58190,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","order_by":null,"url":"\/8.01-317\/"},{"id":54333,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","order_by":null,"url":"\/8.01-318\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"},{"id":54367,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","order_by":null,"url":"\/8.01-322\/"}],"permalink":{"id":275013,"object_type":"law","relational_id":68725,"identifier":"64.2-1406","token":"64.2\/IV\/A\/14\/1\/64.2-1406","url":"\/64.2-1406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1406\/","token":"64.2\/IV\/A\/14\/1\/64.2-1406","dublin_core":{"Title":"Notice required; certain substitutions validated","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Reasonable notice of a motion<\/span> made pursuant to § 64.2-1405<\/a> for the appointment of a substitute trustee<\/span> shall be provided to all persons interested in the execution of the trust other than the moving party<\/span>. If any interested person is under 18 years of age, the circuit<\/span> court<\/span> or clerk shall appoint a discreet and competent attorney-at-law<\/span> as guardian ad litem<\/span> for such person on whom notice may be served. If any interested person is incapacitated or incarcerated, the notice shall be served on his committee, guardian, or conservator, if any, or if none exists, the court<\/span> or clerk shall appoint a discreet and competent attorney-at-law<\/span> as a guardian ad litem<\/span> for such person on whom notice may be served. Notice does not need to be given to a trustee<\/span> or, if one has previously been appointed, a substitute trustee<\/span> who no longer resides the Commonwealth, declined to accept the trust, or resigned, or to the personal representative<\/span> of a deceased trustee<\/span>, or to a corporate trustee<\/span> that has been adjudicated bankrupt or that has lost its charter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the case of the substitution of the trustee<\/span> in a deed of trust securing the payment of indebtedness, notice of the motion<\/span> made pursuant to § 64.2-1405<\/a> need only be given to the trustee<\/span> or, if one has previously been appointed, to the substitute trustee<\/span> unless notice to him is not required pursuant to subsection A; any beneficiaries appearing of record or known to the moving party<\/span>; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person in whom the equitable<\/span> title to the property conveyed by the deed of trust is vested at the time of the motion<\/span> as shown by the deed records. In such case when the written notice of motion<\/span> has been filed in the clerk’s office of the court<\/span> having jurisdiction<\/span> as defined in § 64.2-1405<\/a>, service of the notice as to all parties mentioned in § 8.01-316<\/a> may be made in conformity with the provisions of §§ 8.01-316<\/a>, 8.01-317<\/a>, 8.01-318<\/a>, 8.01-320<\/a>, 8.01-322<\/a>, and 8.01-323<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any decree<\/span> or order<\/span> of substitution heretofore made by a court<\/span> of competent jurisdiction<\/span> is hereby validated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed as preventing a court<\/span> from substituting a trustee<\/span> in a suit instituted for that purpose. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE REQUIRED; CERTAIN SUBSTITUTIONS VALIDATED (\u00a7 64.2-1406)\n\nA. Reasonable notice of a motion made pursuant to § 64.2-1405 for the\nappointment of a substitute trustee shall be provided to all persons interested\nin the execution of the trust other than the moving party. If any interested\nperson is under 18 years of age, the circuit court or clerk shall appoint a\ndiscreet and competent attorney-at-law as guardian ad litem for such person on\nwhom notice may be served. If any interested person is incapacitated or\nincarcerated, the notice shall be served on his committee, guardian, or\nconservator, if any, or if none exists, the court or clerk shall appoint a\ndiscreet and competent attorney-at-law as a guardian ad litem for such person on\nwhom notice may be served. Notice does not need to be given to a trustee or, if\none has previously been appointed, a substitute trustee who no longer resides\nthe Commonwealth, declined to accept the trust, or resigned, or to the personal\nrepresentative of a deceased trustee, or to a corporate trustee that has been\nadjudicated bankrupt or that has lost its charter.\n\nB. In the case of the substitution of the trustee in a deed of trust securing\nthe payment of indebtedness, notice of the motion made pursuant to §\n64.2-1405 need only be given to the trustee or, if one has previously been\nappointed, to the substitute trustee unless notice to him is not required\npursuant to subsection A; any beneficiaries appearing of record or known to the\nmoving party; any debtors mentioned in the deed of trust; any persons who may be\nshown by the deed records to have assumed payment of the indebtedness in whole\nor in part; and the person in whom the equitable title to the property conveyed\nby the deed of trust is vested at the time of the motion as shown by the deed\nrecords. In such case when the written notice of motion has been filed in the\nclerk’s office of the court having jurisdiction as defined in §\n64.2-1405, service of the notice as to all parties mentioned in § 8.01-316\nmay be made in conformity with the provisions of §§ 8.01-316,\n8.01-317, 8.01-318, 8.01-320, 8.01-322, and 8.01-323.\n\nC. Any decree or order of substitution heretofore made by a court of competent\njurisdiction is hereby validated.\n\nD. Nothing in this section shall be construed as preventing a court from\nsubstituting a trustee in a suit instituted for that purpose.\n\nHISTORY: Code 1919, \u00a7 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p.\n337; Code 1950, \u00a7 26-50; 1972, c. 825; 1997, c. 921; 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}}