{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1427.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1427.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1427.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1427.html"}],"law_id":80372,"edition_id":1,"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","history":"Code 1919, \u00a7 5350; Code 1950, \u00a7 26-60; 1968, c. 399; 1983, c. 487; 1997, c. 801; 2012, c. 614.","full_text":"When any nonresident infant or incapacitated person is entitled to property or money in the Commonwealth, a petition to remove the property or money to the domicile of the infant or incapacitated person may be filed by his guardian, conservator, committee, or other fiduciary lawfully appointed and qualified in the state or country of his residence, in the circuit court of the county or city in which the property or money, or some part thereof, is located. If entitlement to the property or money was acquired other than by a will or was acquired by a will that restricts the transfer out of the Commonwealth, the infant or incapacitated person, and the guardian of the infant or the conservator or other fiduciary of the incapacitated person appointed in the Commonwealth, if there is one, shall be made a party defendant to this petition. The court shall appoint a guardian ad litem for the infant or incapacitated person who, as well as the conservator or other fiduciary, if there is one, shall answer the petition on oath. Upon a hearing of the case on its merits, or upon the petition without hearing if entitlement to the property or money was acquired by a will that does not restrict the transfer out of the Commonwealth, the court may order the fiduciary to pay and deliver to the foreign guardian, conservator, committee, or fiduciary, or his agent or attorney, all personal property and money in his possession belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee, or fiduciary to sue for, recover, and receive all money and personal property, including the accruing rents of his real estate, that belongs to the infant or incapacitated person in the same manner as if he were appointed a guardian, conservator, committee, or fiduciary of the infant or incapacitated person in the Commonwealth, and to remove the money and personal property to the state or country in which the foreign fiduciary was appointed and qualified.","order_by":null,"text":{"0":{"id":287870,"text":"When any nonresident infant or incapacitated person is entitled to property or money in the Commonwealth, a petition to remove the property or money to the domicile of the infant or incapacitated person may be filed by his guardian, conservator, committee, or other fiduciary lawfully appointed and qualified in the state or country of his residence, in the circuit court of the county or city in which the property or money, or some part thereof, is located. If entitlement to the property or money was acquired other than by a will or was acquired by a will that restricts the transfer out of the Commonwealth, the infant or incapacitated person, and the guardian of the infant or the conservator or other fiduciary of the incapacitated person appointed in the Commonwealth, if there is one, shall be made a party defendant to this petition. The court shall appoint a guardian ad litem for the infant or incapacitated person who, as well as the conservator or other fiduciary, if there is one, shall answer the petition on oath. Upon a hearing of the case on its merits, or upon the petition without hearing if entitlement to the property or money was acquired by a will that does not restrict the transfer out of the Commonwealth, the court may order the fiduciary to pay and deliver to the foreign guardian, conservator, committee, or fiduciary, or his agent or attorney, all personal property and money in his possession belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee, or fiduciary to sue for, recover, and receive all money and personal property, including the accruing rents of his real estate, that belongs to the infant or incapacitated person in the same manner as if he were appointed a guardian, conservator, committee, or fiduciary of the infant or incapacitated person in the Commonwealth, and to remove the money and personal property to the state or country in which the foreign fiduciary was appointed and qualified.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1427\/","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 1968, chapter 399; in 1983, chapter 487; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0801\">801<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>.<\/p>","references":[{"id":80396,"section_number":"64.2-1429","catch_line":"Notice and bond required prior to transfer","order_by":null,"url":"\/64.2-1429\/"},{"id":68694,"section_number":"64.2-1431","catch_line":"Sale of property and payment of proceeds to nonresident trustee","order_by":null,"url":"\/64.2-1431\/"}],"refers_to":false,"permalink":{"id":275099,"object_type":"law","relational_id":80372,"identifier":"64.2-1427","token":"64.2\/IV\/A\/14\/2\/64.2-1427","url":"\/64.2-1427\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1427\/","token":"64.2\/IV\/A\/14\/2\/64.2-1427","dublin_core":{"Title":"How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1427","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When any nonresident infant or incapacitated person is entitled to property or money in the Commonwealth, a <span class=\"dictionary\">petition<\/span> to remove the property or money to the domicile of the infant or incapacitated person may be filed by his guardian, conservator, committee, or other <span class=\"dictionary\">fiduciary<\/span> lawfully appointed and qualified in the state or country of his residence, in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the county or city in which the property or money, or some part thereof, is located. If entitlement to the property or money was acquired other than by a <span class=\"dictionary\">will<\/span> or was acquired by a <span class=\"dictionary\">will<\/span> that restricts the transfer out of the Commonwealth, the infant or incapacitated person, and the guardian of the infant or the conservator or other <span class=\"dictionary\">fiduciary<\/span> of the incapacitated person appointed in the Commonwealth, if there is one, shall be made a <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">defendant<\/span> to this <span class=\"dictionary\">petition<\/span>. The <span class=\"dictionary\">court<\/span> shall appoint a <span class=\"dictionary\">guardian ad litem<\/span> for the infant or incapacitated person who, as well as the conservator or other <span class=\"dictionary\">fiduciary<\/span>, if there is one, shall answer the <span class=\"dictionary\">petition<\/span> on <span class=\"dictionary\">oath<\/span>. Upon a <span class=\"dictionary\">hearing<\/span> of the case on its merits, or upon the <span class=\"dictionary\">petition<\/span> without <span class=\"dictionary\">hearing<\/span> if entitlement to the property or money was acquired by a <span class=\"dictionary\">will<\/span> that does not restrict the transfer out of the Commonwealth, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">fiduciary<\/span> to pay and deliver to the foreign guardian, conservator, committee, or <span class=\"dictionary\">fiduciary<\/span>, or his agent or attorney, all personal property and money in his <span class=\"dictionary\">possession<\/span> belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee, or <span class=\"dictionary\">fiduciary<\/span> to sue for, recover, and receive all money and personal property, including the accruing rents of his real estate, that belongs to the infant or incapacitated person in the same manner as if he were appointed a guardian, conservator, committee, or <span class=\"dictionary\">fiduciary<\/span> of the infant or incapacitated person in the Commonwealth, and to remove the money and personal property to the state or country in which the foreign <span class=\"dictionary\">fiduciary<\/span> was appointed and qualified.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHOW PROPERTY OF NONRESIDENT INFANT OR INCAPACITATED PERSON TRANSFERRED TO\nFOREIGN GUARDIAN, CONSERVATOR, OR COMMITTEE (\u00a7 64.2-1427)\n\nWhen any nonresident infant or incapacitated person is entitled to property or\nmoney in the Commonwealth, a petition to remove the property or money to the\ndomicile of the infant or incapacitated person may be filed by his guardian,\nconservator, committee, or other fiduciary lawfully appointed and qualified in\nthe state or country of his residence, in the circuit court of the county or\ncity in which the property or money, or some part thereof, is located. If\nentitlement to the property or money was acquired other than by a will or was\nacquired by a will that restricts the transfer out of the Commonwealth, the\ninfant or incapacitated person, and the guardian of the infant or the\nconservator or other fiduciary of the incapacitated person appointed in the\nCommonwealth, if there is one, shall be made a party defendant to this petition.\nThe court shall appoint a guardian ad litem for the infant or incapacitated\nperson who, as well as the conservator or other fiduciary, if there is one,\nshall answer the petition on oath. Upon a hearing of the case on its merits, or\nupon the petition without hearing if entitlement to the property or money was\nacquired by a will that does not restrict the transfer out of the Commonwealth,\nthe court may order the fiduciary to pay and deliver to the foreign guardian,\nconservator, committee, or fiduciary, or his agent or attorney, all personal\nproperty and money in his possession belonging to the infant or incapacitated\nperson, and authorize the foreign guardian, conservator, committee, or fiduciary\nto sue for, recover, and receive all money and personal property, including the\naccruing rents of his real estate, that belongs to the infant or incapacitated\nperson in the same manner as if he were appointed a guardian, conservator,\ncommittee, or fiduciary of the infant or incapacitated person in the\nCommonwealth, and to remove the money and personal property to the state or\ncountry in which the foreign fiduciary was appointed and qualified.\n\nHISTORY: Code 1919, \u00a7 5350; Code 1950, \u00a7 26-60; 1968, c. 399; 1983, c. 487;\n1997, c. 801; 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}}