{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1407.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1407.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1407.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1407.html"}],"law_id":76370,"edition_id":1,"section_id":76370,"structure_id":14731,"section_number":"64.2-1407","catch_line":"Who to execute the trust until new trustee appointed","history":"Code 1919, \u00a7 6300; 1930, p. 350; 1940, p. 302; 1942, p. 168; Code 1950, \u00a7 26-51; 1998, cc. 392, 410; 2001, c. 38; 2005, c. 935; 2012, c. 614.","full_text":"A\n\nThe personal representative of a deceased trustee, or the remaining trustee or trustees if there were more than one trustee and one or more but less than all of them have died, resigned, become incapable of executing the trust on account of physical or mental disability or confinement in prison, become ineligible to continue to serve as trustee because of no longer being a resident of the Commonwealth where residency is statutorily required, or otherwise become ineligible to continue serving as trustee, shall execute the trust, or so much of the trust as remained unexecuted at the time such lack of capacity to execute the trust or such ineligibility came into being until an appointment is made pursuant to this part, unless the instrument creating the trust directs otherwise or some other trustee is appointed for the purpose by a circuit court having jurisdiction of the case. In the case of removal of the trust management function by a corporate trustee, the corporate trustee shall continue to execute the trust until such time as an appointment is made pursuant to this part.B\n\nThe provisions of this section shall not apply to any trust governed by the Uniform Trust Code (&#xA7; 64.2-700 et seq.).","order_by":null,"text":{"0":{"id":274171,"text":"The personal representative of a deceased trustee, or the remaining trustee or trustees if there were more than one trustee and one or more but less than all of them have died, resigned, become incapable of executing the trust on account of physical or mental disability or confinement in prison, become ineligible to continue to serve as trustee because of no longer being a resident of the Commonwealth where residency is statutorily required, or otherwise become ineligible to continue serving as trustee, shall execute the trust, or so much of the trust as remained unexecuted at the time such lack of capacity to execute the trust or such ineligibility came into being until an appointment is made pursuant to this part, unless the instrument creating the trust directs otherwise or some other trustee is appointed for the purpose by a circuit court having jurisdiction of the case. In the case of removal of the trust management function by a corporate trustee, the corporate trustee shall continue to execute the trust until such time as an appointment is made pursuant to this part.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274172,"text":"The provisions of this section shall not apply to any trust governed by the Uniform Trust Code (&#xA7; 64.2-700 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1407\/","history_text":"<p>The record of this law\u2019s original creation isn\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 1998, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0392\">392<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0410\">410<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0038\">38<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0935\">935<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":77403,"section_number":"64.2-700","catch_line":"Scope","order_by":null,"url":"\/64.2-700\/"}],"permalink":{"id":275017,"object_type":"law","relational_id":76370,"identifier":"64.2-1407","token":"64.2\/IV\/A\/14\/1\/64.2-1407","url":"\/64.2-1407\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1407\/","token":"64.2\/IV\/A\/14\/1\/64.2-1407","dublin_core":{"Title":"Who to execute the trust until new trustee appointed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1407","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">personal representative<\/span> of a deceased <span class=\"dictionary\">trustee<\/span>, or the remaining <span class=\"dictionary\">trustee<\/span> or <span class=\"dictionary\">trustees<\/span> if there were more than one <span class=\"dictionary\">trustee<\/span> and one or more but less than all of them have died, resigned, become incapable of executing the trust on account of physical or mental disability or confinement in prison, become ineligible to continue to serve as <span class=\"dictionary\">trustee<\/span> because of no longer being a resident of the Commonwealth where residency is statutorily required, or otherwise become ineligible to continue serving as <span class=\"dictionary\">trustee<\/span>, shall execute the trust, or so much of the trust as remained unexecuted at the time such lack of capacity to execute the trust or such ineligibility came into being until an appointment is made pursuant to this part, unless the instrument creating the trust directs otherwise or some other <span class=\"dictionary\">trustee<\/span> is appointed for the purpose by a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> of the case. In the case of removal of the trust management function by a corporate <span class=\"dictionary\">trustee<\/span>, the corporate <span class=\"dictionary\">trustee<\/span> shall continue to execute the trust until such time as an appointment is made pursuant to this part. <a id=\"paragraph-274171\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1407\/#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> The provisions of this section shall not apply to any trust governed by the Uniform Trust Code (&#xA7; <a class=\"law\" title=\"Scope\" href=\"\/64.2-700\/\">64.2-700<\/a> et seq.). <a id=\"paragraph-274172\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-1407\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHO TO EXECUTE THE TRUST UNTIL NEW TRUSTEE APPOINTED (\u00a7 64.2-1407)\n\nA. The personal representative of a deceased trustee, or the remaining trustee\nor trustees if there were more than one trustee and one or more but less than\nall of them have died, resigned, become incapable of executing the trust on\naccount of physical or mental disability or confinement in prison, become\nineligible to continue to serve as trustee because of no longer being a resident\nof the Commonwealth where residency is statutorily required, or otherwise become\nineligible to continue serving as trustee, shall execute the trust, or so much\nof the trust as remained unexecuted at the time such lack of capacity to execute\nthe trust or such ineligibility came into being until an appointment is made\npursuant to this part, unless the instrument creating the trust directs\notherwise or some other trustee is appointed for the purpose by a circuit court\nhaving jurisdiction of the case. In the case of removal of the trust management\nfunction by a corporate trustee, the corporate trustee shall continue to execute\nthe trust until such time as an appointment is made pursuant to this part.\n\nB. The provisions of this section shall not apply to any trust governed by the\nUniform Trust Code (&#xA7; 64.2-700 et seq.).\n\nHISTORY: Code 1919, \u00a7 6300; 1930, p. 350; 1940, p. 302; 1942, p. 168; Code\n1950, \u00a7 26-51; 1998, cc. 392, 410; 2001, c. 38; 2005, c. 935; 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}}