{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1410.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1410.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1410.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1410.html"}],"law_id":75098,"edition_id":1,"section_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","history":"Code 1919, \u00a7 5417; Code 1950, \u00a7 26-3; 1966, c. 328; 1997, c. 842; 2001, c. 79; 2012, c. 614.","full_text":"A\n\nRegardless of whether a fiduciary has given bond with or without sureties, at any time the circuit court under whose order or under the order of whose clerk any such fiduciary derives his authority shall, on the application of any surety or his personal representative, or may, (i) upon motion of the fiduciary or (ii) when it appears proper on report of the clerk or a commissioner of accounts or on evidence adduced before it by any interested party, order the fiduciary to give before the court or clerk a new bond or additional bond in a reasonable time as prescribed by the court and in such penalty and with or without sureties as the court deems proper. The new bond or additional bond shall have the effect provided by § 49-14. In all cases where the fiduciary qualified pursuant to an order issued by a clerk, the clerk shall have the same power as the court regarding bond and surety under this section. If the order of the court or clerk is not complied with, or whenever from any cause it appears proper, the court may revoke and annul the powers of any such fiduciary. However, no such order shall be made unless reasonable notice appears to have been given to the fiduciary by (a) the commissioner of accounts who made the report, (b) the surety or his representative making the application, or (c) the service of a rule or otherwise. No order or revocation shall invalidate any previous act of such fiduciary.B\n\nWhen the court or clerk orders a new bond, additional bond, or a reduction in bond, the court or clerk shall, in lieu of requiring a personal appearance by the fiduciary for the execution thereof, allow the fiduciary’s execution to be made by the fiduciary’s agent under a power of attorney expressly authorizing the same.","order_by":null,"text":{"0":{"id":269742,"text":"Regardless of whether a fiduciary has given bond with or without sureties, at any time the circuit court under whose order or under the order of whose clerk any such fiduciary derives his authority shall, on the application of any surety or his personal representative, or may, (i) upon motion of the fiduciary or (ii) when it appears proper on report of the clerk or a commissioner of accounts or on evidence adduced before it by any interested party, order the fiduciary to give before the court or clerk a new bond or additional bond in a reasonable time as prescribed by the court and in such penalty and with or without sureties as the court deems proper. The new bond or additional bond shall have the effect provided by § 49-14. In all cases where the fiduciary qualified pursuant to an order issued by a clerk, the clerk shall have the same power as the court regarding bond and surety under this section. If the order of the court or clerk is not complied with, or whenever from any cause it appears proper, the court may revoke and annul the powers of any such fiduciary. However, no such order shall be made unless reasonable notice appears to have been given to the fiduciary by (a) the commissioner of accounts who made the report, (b) the surety or his representative making the application, or (c) the service of a rule or otherwise. No order or revocation shall invalidate any previous act of such fiduciary.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269743,"text":"When the court or clerk orders a new bond, additional bond, or a reduction in bond, the court or clerk shall, in lieu of requiring a personal appearance by the fiduciary for the execution thereof, allow the fiduciary’s execution to be made by the fiduciary’s agent under a power of attorney expressly authorizing the same.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1410\/","history_text":"

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 1966, chapter 328; in 1997, chapter 842<\/a>; in 2001, chapter 79<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"refers_to":[{"id":65838,"section_number":"49-14","catch_line":"Effect of giving new or additional bond","order_by":null,"url":"\/49-14\/"}],"permalink":{"id":275029,"object_type":"law","relational_id":75098,"identifier":"64.2-1410","token":"64.2\/IV\/A\/14\/1\/64.2-1410","url":"\/64.2-1410\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1410\/","token":"64.2\/IV\/A\/14\/1\/64.2-1410","dublin_core":{"Title":"When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1410","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Regardless of whether a fiduciary<\/span> has given bond<\/span> with or without sureties, at any time the circuit<\/span> court<\/span> under whose order<\/span> or under the order<\/span> of whose clerk any such fiduciary<\/span> derives his authority shall, on the application of any surety<\/span> or his personal representative<\/span>, or may, (i) upon motion<\/span> of the fiduciary<\/span> or (ii) when it appears proper on report of the clerk or a commissioner of accounts or on evidence<\/span> adduced before it by any interested party<\/span>, order<\/span> the fiduciary<\/span> to give before the court<\/span> or clerk a new bond<\/span> or additional bond<\/span> in a reasonable time as prescribed by the court<\/span> and in such penalty<\/span> and with or without sureties as the court<\/span> deems proper. The new bond<\/span> or additional bond<\/span> shall have the effect provided by § 49-14<\/a>. In all cases where the fiduciary<\/span> qualified pursuant to an order<\/span> issued by a clerk, the clerk shall have the same power as the court<\/span> regarding bond<\/span> and surety<\/span> under this section. If the order<\/span> of the court<\/span> or clerk is not complied with, or whenever from any cause it appears proper, the court<\/span> may revoke and annul the powers of any such fiduciary<\/span>. However, no such order<\/span> shall be made unless reasonable notice appears to have been given to the fiduciary<\/span> by (a) the commissioner of accounts who made the report, (b) the surety<\/span> or his representative making the application, or (c) the service of a rule or otherwise. No order<\/span> or revocation<\/span> shall invalidate any previous act of such fiduciary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When the court<\/span> or clerk orders<\/span> a new bond<\/span>, additional bond<\/span>, or a reduction in bond<\/span>, the court<\/span> or clerk shall, in lieu of requiring a personal appearance<\/span> by the fiduciary<\/span> for the execution thereof, allow the fiduciary<\/span>’s execution to be made by the fiduciary<\/span>’s agent under a power of attorney<\/span> expressly authorizing the same. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COURT MAY REQUIRE NEW BOND OR REVOKE AUTHORITY; GIVING NEW BOND UPON MOTION\nOF FIDUCIARY, SURETY, OR OTHER PARTY IN INTEREST (\u00a7 64.2-1410)\n\nA. Regardless of whether a fiduciary has given bond with or without sureties, at\nany time the circuit court under whose order or under the order of whose clerk\nany such fiduciary derives his authority shall, on the application of any surety\nor his personal representative, or may, (i) upon motion of the fiduciary or (ii)\nwhen it appears proper on report of the clerk or a commissioner of accounts or\non evidence adduced before it by any interested party, order the fiduciary to\ngive before the court or clerk a new bond or additional bond in a reasonable\ntime as prescribed by the court and in such penalty and with or without sureties\nas the court deems proper. The new bond or additional bond shall have the effect\nprovided by § 49-14. In all cases where the fiduciary qualified pursuant to\nan order issued by a clerk, the clerk shall have the same power as the court\nregarding bond and surety under this section. If the order of the court or clerk\nis not complied with, or whenever from any cause it appears proper, the court\nmay revoke and annul the powers of any such fiduciary. However, no such order\nshall be made unless reasonable notice appears to have been given to the\nfiduciary by (a) the commissioner of accounts who made the report, (b) the\nsurety or his representative making the application, or (c) the service of a\nrule or otherwise. No order or revocation shall invalidate any previous act of\nsuch fiduciary.\n\nB. When the court or clerk orders a new bond, additional bond, or a reduction in\nbond, the court or clerk shall, in lieu of requiring a personal appearance by\nthe fiduciary for the execution thereof, allow the fiduciary’s execution\nto be made by the fiduciary’s agent under a power of attorney expressly\nauthorizing the same.\n\nHISTORY: Code 1919, \u00a7 5417; Code 1950, \u00a7 26-3; 1966, c. 328; 1997, c. 842;\n2001, c. 79; 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}}