{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1411.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1411.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1411.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1411.html"}],"law_id":73527,"edition_id":1,"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","history":"1918, p. 469; 1934, p. 24; Michie Code 1942, \u00a7 5371a; 1946, p. 492; Code 1950, \u00a7 26-4; 1964, c. 172; 1976, c. 338; 1980, c. 653; 1994, c. 25; 1997, c. 801; 1998, c. 117; 2003, c. 195; 2012, c. 614; 2014, c. 532; 2015, c. 610; 2018, c. 575; 2025, c. 148.","full_text":"A\n\nAny circuit court or circuit court clerk, having jurisdiction to appoint personal representatives, guardians, conservators, and committees, may, in his discretion, allow such fiduciary to qualify by giving bond without surety (i) in the case of a guardian of a minor or conservator, when there are no assets or the asset or amount coming into the possession of the guardian of a minor or conservator does not exceed $25,000 or (ii) in the case of any other such fiduciary, when there are no assets or the asset or amount coming into such fiduciary’s possession does not exceed $35,000.B\n\nAny personal representative or trustee serving jointly with a bank or trust company that is exempted from giving surety on its bond under § 6.2-1003 shall, unless the court directs otherwise, also be exempt from giving surety.C\n\nIf a fiduciary qualifies pursuant to subsection A, the court or clerk shall issue one or more certificates of qualification pursuant to this section for administration of an estate, guardianship, conservatorship, or committeeship that does not exceed a cumulative total of the applicable amount prescribed by subsection A. Each such certificate shall specify that the maximum amount of estate, guardianship, conservatorship, or committeeship assets that may be collected pursuant to that certificate shall not exceed the applicable amount prescribed by subsection A. Each such certificate shall:1\n\nBe titled “Qualification Certificate for Small Asset Estate”;2\n\nState in a prominent position on the front of such certificate that any person may pay or deliver to the fiduciary named in the certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor having a value, on the date of payment or delivery, of no more than the applicable amount prescribed by subsection A. Assets held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value of any asset in a safe deposit box;3\n\nState that the certificate (i) may only be used once, (ii) is not effective if it does not have an impression seal of the court clerk and therefore photocopies of the certificate are not effective, and (iii) must be retained by the payor; and4\n\nBear the impression seal of the court clerk.D\n\nUpon being presented with a certificate of qualification issued pursuant to subsection C, any person may pay or deliver to the fiduciary named in such certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor having a value, on the date of payment, of no more than the applicable amount prescribed by subsection A. The payor shall retain possession of such certificate. Assets held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value of any asset in a safe deposit box. Any person that makes such payment or delivery upon presentation of a certificate of qualification issued pursuant to subsection C is discharged and released from any or all claims or liabilities for such payment or delivery. Such payor is not required to see the application of such payment or delivery or to inquire into the assets paid or delivered by other parties to a fiduciary that qualifies pursuant to subsection A. A person presented with a certificate of qualification issued pursuant to subsection C shall not be liable for, or subject to, any claims, damages, fines or penalties for paying or distributing assets the person believed in good faith to have a value of such applicable amount or less or for the failure to pay or deliver assets the person believed in good faith to have a value of more than such applicable amount.E\n\nA court clerk shall not be liable for any misrepresentations of a personal representative, guardian, conservator, or committee with regard to whether the estate qualifies for the small asset estate exemption under this section or for the performance of any of the clerk’s duties under this section, except in the case of the clerk’s gross negligence or intentional misconduct.","order_by":null,"text":{"0":{"id":264532,"text":"Any circuit court or circuit court clerk, having jurisdiction to appoint personal representatives, guardians, conservators, and committees, may, in his discretion, allow such fiduciary to qualify by giving bond without surety (i) in the case of a guardian of a minor or conservator, when there are no assets or the asset or amount coming into the possession of the guardian of a minor or conservator does not exceed $25,000 or (ii) in the case of any other such fiduciary, when there are no assets or the asset or amount coming into such fiduciary’s possession does not exceed $35,000.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264533,"text":"Any personal representative or trustee serving jointly with a bank or trust company that is exempted from giving surety on its bond under § 6.2-1003 shall, unless the court directs otherwise, also be exempt from giving surety.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264534,"text":"If a fiduciary qualifies pursuant to subsection A, the court or clerk shall issue one or more certificates of qualification pursuant to this section for administration of an estate, guardianship, conservatorship, or committeeship that does not exceed a cumulative total of the applicable amount prescribed by subsection A. Each such certificate shall specify that the maximum amount of estate, guardianship, conservatorship, or committeeship assets that may be collected pursuant to that certificate shall not exceed the applicable amount prescribed by subsection A. Each such certificate shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":264535,"text":"Be titled “Qualification Certificate for Small Asset Estate”;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":264536,"text":"State in a prominent position on the front of such certificate that any person may pay or deliver to the fiduciary named in the certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor having a value, on the date of payment or delivery, of no more than the applicable amount prescribed by subsection A. Assets held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value of any asset in a safe deposit box;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":264537,"text":"State that the certificate (i) may only be used once, (ii) is not effective if it does not have an impression seal of the court clerk and therefore photocopies of the certificate are not effective, and (iii) must be retained by the payor; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":264538,"text":"Bear the impression seal of the court clerk.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":264539,"text":"Upon being presented with a certificate of qualification issued pursuant to subsection C, any person may pay or deliver to the fiduciary named in such certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor having a value, on the date of payment, of no more than the applicable amount prescribed by subsection A. The payor shall retain possession of such certificate. Assets held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value of any asset in a safe deposit box. Any person that makes such payment or delivery upon presentation of a certificate of qualification issued pursuant to subsection C is discharged and released from any or all claims or liabilities for such payment or delivery. Such payor is not required to see the application of such payment or delivery or to inquire into the assets paid or delivered by other parties to a fiduciary that qualifies pursuant to subsection A. A person presented with a certificate of qualification issued pursuant to subsection C shall not be liable for, or subject to, any claims, damages, fines or penalties for paying or distributing assets the person believed in good faith to have a value of such applicable amount or less or for the failure to pay or deliver assets the person believed in good faith to have a value of more than such applicable amount.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":264540,"text":"A court clerk shall not be liable for any misrepresentations of a personal representative, guardian, conservator, or committee with regard to whether the estate qualifies for the small asset estate exemption under this section or for the performance of any of the clerk’s duties under this section, except in the case of the clerk’s gross negligence or intentional misconduct.","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}],"previous_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","url":"\/64.2-1410\/","token":"64.2\/IV\/A\/14\/1\/64.2-1410","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1411\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1964, chapter 172; in 1976, chapter 338; in 1980, chapter 653; in 1994, chapter 25<\/a>; in 1997, chapter 801<\/a>; in 1998, chapter 117<\/a>; in 2003, chapter 195<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 532<\/a>; in 2015, chapter 610<\/a>; in 2018, chapter 575<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":61358,"section_number":"64.2-1704","catch_line":"Guardian's bond","order_by":null,"url":"\/64.2-1704\/"},{"id":84164,"section_number":"64.2-426","catch_line":"Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999","order_by":null,"url":"\/64.2-426\/"}],"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":275033,"object_type":"law","relational_id":73527,"identifier":"64.2-1411","token":"64.2\/IV\/A\/14\/1\/64.2-1411","url":"\/64.2-1411\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1411\/","token":"64.2\/IV\/A\/14\/1\/64.2-1411","dublin_core":{"Title":"When fiduciary may qualify without security; requirements for issuance of certificates of qualification; payments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1411","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any circuit<\/span> court<\/span> or circuit<\/span> court<\/span> clerk, having jurisdiction<\/span> to appoint personal representatives<\/span>, guardians, conservators, and committees, may, in his discretion, allow such fiduciary<\/span> to qualify by giving bond<\/span> without surety<\/span> (i) in the case of a guardian of a minor<\/span> or conservator, when there are no assets<\/span> or the asset or amount coming into the possession<\/span> of the guardian of a minor<\/span> or conservator does not exceed $25,000 or (ii) in the case of any other such fiduciary<\/span>, when there are no assets<\/span> or the asset or amount coming into such fiduciary<\/span>’s possession<\/span> does not exceed $35,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any personal representative<\/span> or trustee<\/span> serving jointly with a bank or trust company that is exempted from giving surety<\/span> on its bond<\/span> under § 6.2-1003<\/a> shall, unless the court<\/span> directs otherwise, also be exempt from giving surety<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a fiduciary<\/span> qualifies pursuant to subsection A, the court<\/span> or clerk shall issue<\/span> one or more certificates of qualification pursuant to this section for administration of an estate, guardianship, conservatorship, or committeeship that does not exceed a cumulative total of the applicable amount prescribed by subsection A. Each such certificate shall specify that the maximum amount of estate, guardianship, conservatorship, or committeeship assets<\/span> that may be collected pursuant to that certificate shall not exceed the applicable amount prescribed by subsection A. Each such certificate shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be titled “Qualification Certificate for Small Asset Estate”; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> State in a prominent position on the front of such certificate that any person may pay or deliver to the fiduciary<\/span> named in the certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor<\/span> having a value<\/span>, on the date of payment or delivery, of no more than the applicable amount prescribed by subsection A. Assets<\/span> held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value<\/span> of any asset in a safe deposit box; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> State that the certificate (i) may only be used once, (ii) is not effective if it does not have an impression seal of the court<\/span> clerk and therefore photocopies of the certificate are not effective, and (iii) must be retained by the payor; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Bear the impression seal of the court<\/span> clerk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon being presented with a certificate of qualification issued pursuant to subsection C, any person may pay or deliver to the fiduciary<\/span> named in such certificate any asset belonging, owed, or distributable to the specified deceased person, incapacitated ward, or minor<\/span> having a value<\/span>, on the date of payment, of no more than the applicable amount prescribed by subsection A. The payor shall retain possession<\/span> of such certificate. Assets<\/span> held in a safe deposit box shall not be counted toward such applicable amount, and the lessor of a safe deposit box shall not be deemed to know of, and shall have no obligation to determine, the presence or value<\/span> of any asset in a safe deposit box. Any person that makes such payment or delivery upon presentation of a certificate of qualification issued pursuant to subsection C is discharged and released from any or all claims or liabilities for such payment or delivery. Such payor is not required to see the application of such payment or delivery or to inquire into the assets<\/span> paid or delivered by other parties to a fiduciary<\/span> that qualifies pursuant to subsection A. A person presented with a certificate of qualification issued pursuant to subsection C shall not be liable for, or subject to, any claims, damages<\/span>, fines or penalties for paying or distributing assets<\/span> the person believed in good faith to have a value<\/span> of such applicable amount or less or for the failure to pay or deliver assets<\/span> the person believed in good faith to have a value<\/span> of more than such applicable amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A court<\/span> clerk shall not be liable for any misrepresentations of a personal representative<\/span>, guardian, conservator, or committee with regard to whether the estate qualifies for the small asset estate exemption under this section or for the performance of any of the clerk’s duties under this section, except in the case of the clerk’s gross negligence<\/span> or intentional misconduct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN FIDUCIARY MAY QUALIFY WITHOUT SECURITY; REQUIREMENTS FOR ISSUANCE OF\nCERTIFICATES OF QUALIFICATION; PAYMENTS (\u00a7 64.2-1411)\n\nA. Any circuit court or circuit court clerk, having jurisdiction to appoint\npersonal representatives, guardians, conservators, and committees, may, in his\ndiscretion, allow such fiduciary to qualify by giving bond without surety (i) in\nthe case of a guardian of a minor or conservator, when there are no assets or\nthe asset or amount coming into the possession of the guardian of a minor or\nconservator does not exceed $25,000 or (ii) in the case of any other such\nfiduciary, when there are no assets or the asset or amount coming into such\nfiduciary’s possession does not exceed $35,000.\n\nB. Any personal representative or trustee serving jointly with a bank or trust\ncompany that is exempted from giving surety on its bond under § 6.2-1003\nshall, unless the court directs otherwise, also be exempt from giving surety.\n\nC. If a fiduciary qualifies pursuant to subsection A, the court or clerk shall\nissue one or more certificates of qualification pursuant to this section for\nadministration of an estate, guardianship, conservatorship, or committeeship\nthat does not exceed a cumulative total of the applicable amount prescribed by\nsubsection A. Each such certificate shall specify that the maximum amount of\nestate, guardianship, conservatorship, or committeeship assets that may be\ncollected pursuant to that certificate shall not exceed the applicable amount\nprescribed by subsection A. Each such certificate shall:\n\n 1. Be titled “Qualification Certificate for Small Asset Estate”;\n\n 2. State in a prominent position on the front of such certificate that any\n person may pay or deliver to the fiduciary named in the certificate any asset\n belonging, owed, or distributable to the specified deceased person,\n incapacitated ward, or minor having a value, on the date of payment or\n delivery, of no more than the applicable amount prescribed by subsection A.\n Assets held in a safe deposit box shall not be counted toward such applicable\n amount, and the lessor of a safe deposit box shall not be deemed to know of,\n and shall have no obligation to determine, the presence or value of any asset\n in a safe deposit box;\n\n 3. State that the certificate (i) may only be used once, (ii) is not effective\n if it does not have an impression seal of the court clerk and therefore\n photocopies of the certificate are not effective, and (iii) must be retained\n by the payor; and\n\n 4. Bear the impression seal of the court clerk.\n\nD. Upon being presented with a certificate of qualification issued pursuant to\nsubsection C, any person may pay or deliver to the fiduciary named in such\ncertificate any asset belonging, owed, or distributable to the specified\ndeceased person, incapacitated ward, or minor having a value, on the date of\npayment, of no more than the applicable amount prescribed by subsection A. The\npayor shall retain possession of such certificate. Assets held in a safe deposit\nbox shall not be counted toward such applicable amount, and the lessor of a safe\ndeposit box shall not be deemed to know of, and shall have no obligation to\ndetermine, the presence or value of any asset in a safe deposit box. Any person\nthat makes such payment or delivery upon presentation of a certificate of\nqualification issued pursuant to subsection C is discharged and released from\nany or all claims or liabilities for such payment or delivery. Such payor is not\nrequired to see the application of such payment or delivery or to inquire into\nthe assets paid or delivered by other parties to a fiduciary that qualifies\npursuant to subsection A. A person presented with a certificate of qualification\nissued pursuant to subsection C shall not be liable for, or subject to, any\nclaims, damages, fines or penalties for paying or distributing assets the person\nbelieved in good faith to have a value of such applicable amount or less or for\nthe failure to pay or deliver assets the person believed in good faith to have a\nvalue of more than such applicable amount.\n\nE. A court clerk shall not be liable for any misrepresentations of a personal\nrepresentative, guardian, conservator, or committee with regard to whether the\nestate qualifies for the small asset estate exemption under this section or for\nthe performance of any of the clerk’s duties under this section, except in\nthe case of the clerk’s gross negligence or intentional misconduct.\n\nHISTORY: 1918, p. 469; 1934, p. 24; Michie Code 1942, \u00a7 5371a; 1946, p. 492;\nCode 1950, \u00a7 26-4; 1964, c. 172; 1976, c. 338; 1980, c. 653; 1994, c. 25; 1997,\nc. 801; 1998, c. 117; 2003, c. 195; 2012, c. 614; 2014, c. 532; 2015, c. 610;\n2018, c. 575; 2025, c. 148.","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}}