{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1426.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1426.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1426.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1426.html"}],"law_id":65308,"edition_id":1,"section_id":65308,"structure_id":13082,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","history":"1924, p. 415; 1936, p. 760; Michie Code 1942, \u00a7 5400a; 1950, p. 724, \u00a7 26-59; 1962, c. 576; 1983, c. 467; 1984, c. 39; 1986, cc. 53, 543; 1989, c. 535; 1995, cc. 678, 684; 1996, c. 680; 1997, c. 921; 2001, c. 836; 2011, c. 518; 2012, c. 614.","full_text":"A\n\nA natural person who is not a resident of the Commonwealth may be appointed or allowed to qualify or act as the personal representative, or trustee under a will, of any decedent, or appointed as the guardian of an infant’s estate or the guardian or conservator of the property of an incapacitated person under Chapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et seq.).\n\t\t\tQualification of such person as a personal representative, or trustee under a will, of any decedent shall be subject to the provisions of Article 1 (§ 64.2-500 et seq.) of Chapter 5.\n\t\t\tAt the time of qualification or appointment, each such nonresident shall file with the clerk of the circuit court of the jurisdiction wherein the qualification is had or appointment is made his consent in writing that service of process in any action or proceeding against him as personal representative, trustee under a will, conservator, or guardian, or any other notice with respect to the administration of the estate, trust, or person in his charge in the Commonwealth may be by service upon the clerk of the court in which he is qualified or appointed, or upon such resident of the Commonwealth and at such address as the nonresident may appoint in the written instrument. In the event of the death, removal, resignation, or absence from the Commonwealth of a resident agent or any successor named by a similar instrument filed with the clerk, or if a resident agent or any such successor cannot with due diligence be found for service at the address designated in such instrument, then any process or notice may be served on the clerk of the circuit court. Notwithstanding §§ 64.2-505 and 64.2-2011, where any nonresident qualifies, other than as a guardian of an incapacitated person, pursuant to this subsection, bond with surety shall be required in every case, unless a resident personal representative, trustee, or fiduciary qualifies at the same time or the court or clerk making the appointment waives surety under the provisions of § 64.2-1411.B\n\nA corporation shall not be appointed or allowed to qualify or act as personal representative, as trustee under a will, or as one of the personal representatives or trustees under a will of any decedent, or appointed or allowed to qualify or act as guardian of an infant, as one of the guardians of an infant, as guardian of the person or property of an incapacitated person under Chapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et seq.), or as one of the guardians or conservators, unless the corporation is authorized to do business in the Commonwealth. Nothing in this section shall be construed to impair the validity of any appointment or qualification made prior to January 1, 1962, nor to affect in any way the other provisions of this chapter or of § 64.2-609. The provisions of this section shall not authorize or allow any appointment or qualification prohibited by § 6.2-803.C\n\nThe fact that an individual nominated or appointed as the guardian of the person of an infant is not a resident of the Commonwealth shall not prevent the qualification of the individual to serve as the sole guardian of the person of the infant.","order_by":null,"text":{"0":{"id":237512,"text":"A natural person who is not a resident of the Commonwealth may be appointed or allowed to qualify or act as the personal representative, or trustee under a will, of any decedent, or appointed as the guardian of an infant’s estate or the guardian or conservator of the property of an incapacitated person under Chapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et seq.).\n\t\t\tQualification of such person as a personal representative, or trustee under a will, of any decedent shall be subject to the provisions of Article 1 (§ 64.2-500 et seq.) of Chapter 5.\n\t\t\tAt the time of qualification or appointment, each such nonresident shall file with the clerk of the circuit court of the jurisdiction wherein the qualification is had or appointment is made his consent in writing that service of process in any action or proceeding against him as personal representative, trustee under a will, conservator, or guardian, or any other notice with respect to the administration of the estate, trust, or person in his charge in the Commonwealth may be by service upon the clerk of the court in which he is qualified or appointed, or upon such resident of the Commonwealth and at such address as the nonresident may appoint in the written instrument. In the event of the death, removal, resignation, or absence from the Commonwealth of a resident agent or any successor named by a similar instrument filed with the clerk, or if a resident agent or any such successor cannot with due diligence be found for service at the address designated in such instrument, then any process or notice may be served on the clerk of the circuit court. Notwithstanding §§ 64.2-505 and 64.2-2011, where any nonresident qualifies, other than as a guardian of an incapacitated person, pursuant to this subsection, bond with surety shall be required in every case, unless a resident personal representative, trustee, or fiduciary qualifies at the same time or the court or clerk making the appointment waives surety under the provisions of § 64.2-1411.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237513,"text":"A corporation shall not be appointed or allowed to qualify or act as personal representative, as trustee under a will, or as one of the personal representatives or trustees under a will of any decedent, or appointed or allowed to qualify or act as guardian of an infant, as one of the guardians of an infant, as guardian of the person or property of an incapacitated person under Chapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et seq.), or as one of the guardians or conservators, unless the corporation is authorized to do business in the Commonwealth. Nothing in this section shall be construed to impair the validity of any appointment or qualification made prior to January 1, 1962, nor to affect in any way the other provisions of this chapter or of § 64.2-609. The provisions of this section shall not authorize or allow any appointment or qualification prohibited by § 6.2-803.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237514,"text":"The fact that an individual nominated or appointed as the guardian of the person of an infant is not a resident of the Commonwealth shall not prevent the qualification of the individual to serve as the sole guardian of the person of the infant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13082,"edition_id":1,"name":"Nonresident Trustees","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13081,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":275093,"object_type":"structure","relational_id":13082,"identifier":"2","token":"64.2\/IV\/A\/14\/2","url":"\/64.2\/IV\/A\/14\/2\/","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":65308,"structure_id":13082,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","url":"\/64.2-1426\/","token":"64.2\/IV\/A\/14\/2\/64.2-1426","metadata":false},{"id":80372,"structure_id":13082,"section_number":"64.2-1427","catch_line":"How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee","url":"\/64.2-1427\/","token":"64.2\/IV\/A\/14\/2\/64.2-1427","metadata":false},{"id":54129,"structure_id":13082,"section_number":"64.2-1428","catch_line":"Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign fiduciary","url":"\/64.2-1428\/","token":"64.2\/IV\/A\/14\/2\/64.2-1428","metadata":false},{"id":80396,"structure_id":13082,"section_number":"64.2-1429","catch_line":"Notice and bond required prior to transfer","url":"\/64.2-1429\/","token":"64.2\/IV\/A\/14\/2\/64.2-1429","metadata":false},{"id":75778,"structure_id":13082,"section_number":"64.2-1430","catch_line":"When bond may be dispensed with","url":"\/64.2-1430\/","token":"64.2\/IV\/A\/14\/2\/64.2-1430","metadata":false},{"id":68694,"structure_id":13082,"section_number":"64.2-1431","catch_line":"Sale of property and payment of proceeds to nonresident trustee","url":"\/64.2-1431\/","token":"64.2\/IV\/A\/14\/2\/64.2-1431","metadata":false},{"id":82545,"structure_id":13082,"section_number":"64.2-1432","catch_line":"Discharge from liability of resident guardian, committee, conservator, or trustee","url":"\/64.2-1432\/","token":"64.2\/IV\/A\/14\/2\/64.2-1432","metadata":false}],"next_section":{"id":80372,"structure_id":13082,"section_number":"64.2-1427","catch_line":"How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee","url":"\/64.2-1427\/","token":"64.2\/IV\/A\/14\/2\/64.2-1427","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1426\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1962, chapter 576; in 1983, chapter 467; in 1984, chapter 39; in 1986, chapters 53 and 543; in 1989, chapter 535; in 1995, chapters 678<\/a> and 684<\/a>; in 1996, chapter 680<\/a>; in 1997, chapter 921<\/a>; in 2001, chapter 836<\/a>; in 2011, chapter 518<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":71442,"section_number":"6.2-893","catch_line":"Payment of balance of deceased person or person under disability","order_by":null,"url":"\/6.2-893\/"},{"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":81995,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","order_by":null,"url":"\/8.01-313\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"}],"refers_to":[{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":67049,"section_number":"64.2-2011","catch_line":"Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate","order_by":null,"url":"\/64.2-2011\/"},{"id":77383,"section_number":"64.2-2100","catch_line":"Definitions","order_by":null,"url":"\/64.2-2100\/"},{"id":83538,"section_number":"64.2-500","catch_line":"Grant of administration with the will annexed","order_by":null,"url":"\/64.2-500\/"},{"id":63177,"section_number":"64.2-505","catch_line":"When security not required","order_by":null,"url":"\/64.2-505\/"},{"id":76699,"section_number":"64.2-609","catch_line":"Money and personal property belonging to nonresident decedents","order_by":null,"url":"\/64.2-609\/"}],"permalink":{"id":275095,"object_type":"law","relational_id":65308,"identifier":"64.2-1426","token":"64.2\/IV\/A\/14\/2\/64.2-1426","url":"\/64.2-1426\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1426\/","token":"64.2\/IV\/A\/14\/2\/64.2-1426","dublin_core":{"Title":"Nonresident fiduciaries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1426","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A natural person who is not a resident of the Commonwealth may be appointed or allowed to qualify or act as the personal representative<\/span>, or trustee<\/span> under a will<\/span>, of any decedent, or appointed as the guardian of an infant’s estate or the guardian or conservator of the property of an incapacitated person under Chapter 20 (§ 64.2-2000<\/a> et seq.) or Chapter 21 (§ 64.2-2100<\/a> et seq.).\n\t\t\tQualification of such person as a personal representative<\/span>, or trustee<\/span> under a will<\/span>, of any decedent shall be subject to the provisions of Article 1 (§ 64.2-500<\/a> et seq.) of Chapter 5.\n\t\t\tAt the time of qualification or appointment, each such nonresident shall file with the clerk of the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the qualification is had or appointment is made his consent in writing that service of process<\/span> in any action or proceeding against him as personal representative<\/span>, trustee<\/span> under a will<\/span>, conservator, or guardian, or any other notice with respect to the administration of the estate, trust, or person in his charge in the Commonwealth may be by service upon the clerk of the court<\/span> in which he is qualified or appointed, or upon such resident of the Commonwealth and at such address as the nonresident may appoint in the written instrument. In the event of the death, removal, resignation, or absence from the Commonwealth of a resident agent or any successor named by a similar instrument filed with the clerk, or if a resident agent or any such successor cannot with due diligence be found for service at the address designated in such instrument, then any process or notice may be served on the clerk of the circuit<\/span> court<\/span>. Notwithstanding §§ 64.2-505<\/a> and 64.2-2011<\/a>, where any nonresident qualifies, other than as a guardian of an incapacitated person, pursuant to this subsection, bond<\/span> with surety<\/span> shall be required in every case, unless a resident personal representative<\/span>, trustee<\/span>, or fiduciary<\/span> qualifies at the same time or the court<\/span> or clerk making the appointment waives<\/span> surety<\/span> under the provisions of § 64.2-1411<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A corporation shall not be appointed or allowed to qualify or act as personal representative<\/span>, as trustee<\/span> under a will<\/span>, or as one of the personal representatives<\/span> or trustees<\/span> under a will<\/span> of any decedent, or appointed or allowed to qualify or act as guardian of an infant, as one of the guardians of an infant, as guardian of the person or property of an incapacitated person under Chapter 20 (§ 64.2-2000<\/a> et seq.) or Chapter 21 (§ 64.2-2100<\/a> et seq.), or as one of the guardians or conservators, unless the corporation is authorized to do business in the Commonwealth. Nothing in this section shall be construed to impair the validity of any appointment or qualification made prior to January 1, 1962, nor to affect in any way the other provisions of this chapter or of § 64.2-609<\/a>. The provisions of this section shall not authorize or allow any appointment or qualification prohibited by § 6.2-803<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The fact<\/span> that an individual nominated or appointed as the guardian of the person of an infant is not a resident of the Commonwealth shall not prevent the qualification of the individual to serve as the sole guardian of the person of the infant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONRESIDENT FIDUCIARIES (\u00a7 64.2-1426)\n\nA. A natural person who is not a resident of the Commonwealth may be appointed\nor allowed to qualify or act as the personal representative, or trustee under a\nwill, of any decedent, or appointed as the guardian of an infant’s estate\nor the guardian or conservator of the property of an incapacitated person under\nChapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et seq.).\n\t\t\tQualification of such person as a personal representative, or trustee under a\nwill, of any decedent shall be subject to the provisions of Article 1 (§\n64.2-500 et seq.) of Chapter 5.\n\t\t\tAt the time of qualification or appointment, each such nonresident shall file\nwith the clerk of the circuit court of the jurisdiction wherein the\nqualification is had or appointment is made his consent in writing that service\nof process in any action or proceeding against him as personal representative,\ntrustee under a will, conservator, or guardian, or any other notice with respect\nto the administration of the estate, trust, or person in his charge in the\nCommonwealth may be by service upon the clerk of the court in which he is\nqualified or appointed, or upon such resident of the Commonwealth and at such\naddress as the nonresident may appoint in the written instrument. In the event\nof the death, removal, resignation, or absence from the Commonwealth of a\nresident agent or any successor named by a similar instrument filed with the\nclerk, or if a resident agent or any such successor cannot with due diligence be\nfound for service at the address designated in such instrument, then any process\nor notice may be served on the clerk of the circuit court. Notwithstanding\n§§ 64.2-505 and 64.2-2011, where any nonresident qualifies, other than\nas a guardian of an incapacitated person, pursuant to this subsection, bond with\nsurety shall be required in every case, unless a resident personal\nrepresentative, trustee, or fiduciary qualifies at the same time or the court or\nclerk making the appointment waives surety under the provisions of §\n64.2-1411.\n\nB. A corporation shall not be appointed or allowed to qualify or act as personal\nrepresentative, as trustee under a will, or as one of the personal\nrepresentatives or trustees under a will of any decedent, or appointed or\nallowed to qualify or act as guardian of an infant, as one of the guardians of\nan infant, as guardian of the person or property of an incapacitated person\nunder Chapter 20 (§ 64.2-2000 et seq.) or Chapter 21 (§ 64.2-2100 et\nseq.), or as one of the guardians or conservators, unless the corporation is\nauthorized to do business in the Commonwealth. Nothing in this section shall be\nconstrued to impair the validity of any appointment or qualification made prior\nto January 1, 1962, nor to affect in any way the other provisions of this\nchapter or of § 64.2-609. The provisions of this section shall not\nauthorize or allow any appointment or qualification prohibited by §\n6.2-803.\n\nC. The fact that an individual nominated or appointed as the guardian of the\nperson of an infant is not a resident of the Commonwealth shall not prevent the\nqualification of the individual to serve as the sole guardian of the person of\nthe infant.\n\nHISTORY: 1924, p. 415; 1936, p. 760; Michie Code 1942, \u00a7 5400a; 1950, p. 724,\n\u00a7 26-59; 1962, c. 576; 1983, c. 467; 1984, c. 39; 1986, cc. 53, 543; 1989, c.\n535; 1995, cc. 678, 684; 1996, c. 680; 1997, c. 921; 2001, c. 836; 2011, c. 518;\n2012, 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}}