{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1428.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1428.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1428.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1428.html"}],"law_id":54129,"edition_id":1,"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","history":"Code 1919, \u00a7 5351; Code 1950, \u00a7 26-61; 1997, c. 801; 2012, c. 614.","full_text":"When the proceeds of sale of the real estate of an infant, incapacitated person, or cestui que trust are invested, or required to be invested under the direction of the circuit court, and the infant, incapacitated person, or cestui que trust does not reside in the Commonwealth, on the petition of a guardian, committee, conservator, or trustee lawfully appointed or qualified in the state or country of residence of the infant, incapacitated person, or cestui que trust, the court under whose direction such proceeds are so invested, or required to be invested, may, with the consent of the persons residing in the Commonwealth who would be the heirs of the infant, incapacitated person, or cestui que trust, if he were dead, order such proceeds to be paid and delivered to the foreign guardian, committee, conservator, or trustee, or his agent or attorney, and removed by him to the state or country in which he was appointed and qualified. The court may refuse to permit the payment and delivery if the court determines that the removal of the trust subject will defeat or conflict with the provisions of the deed, will, or other instrument creating the trust.","order_by":null,"text":{"0":{"id":198661,"text":"When the proceeds of sale of the real estate of an infant, incapacitated person, or cestui que trust are invested, or required to be invested under the direction of the circuit court, and the infant, incapacitated person, or cestui que trust does not reside in the Commonwealth, on the petition of a guardian, committee, conservator, or trustee lawfully appointed or qualified in the state or country of residence of the infant, incapacitated person, or cestui que trust, the court under whose direction such proceeds are so invested, or required to be invested, may, with the consent of the persons residing in the Commonwealth who would be the heirs of the infant, incapacitated person, or cestui que trust, if he were dead, order such proceeds to be paid and delivered to the foreign guardian, committee, conservator, or trustee, or his agent or attorney, and removed by him to the state or country in which he was appointed and qualified. The court may refuse to permit the payment and delivery if the court determines that the removal of the trust subject will defeat or conflict with the provisions of the deed, will, or other instrument creating the trust.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1428\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1997, chapter 801<\/a>; in 2012, chapter 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\/"}],"refers_to":false,"permalink":{"id":275103,"object_type":"law","relational_id":54129,"identifier":"64.2-1428","token":"64.2\/IV\/A\/14\/2\/64.2-1428","url":"\/64.2-1428\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1428\/","token":"64.2\/IV\/A\/14\/2\/64.2-1428","dublin_core":{"Title":"Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign fiduciary","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1428","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the proceeds of sale of the real estate of an infant, incapacitated person, or cestui que trust are invested, or required to be invested under the direction of the circuit<\/span> court<\/span>, and the infant, incapacitated person, or cestui que trust does not reside in the Commonwealth, on the petition<\/span> of a guardian, committee, conservator, or trustee<\/span> lawfully appointed or qualified in the state or country of residence of the infant, incapacitated person, or cestui que trust, the court<\/span> under whose direction such proceeds are so invested, or required to be invested, may, with the consent of the persons residing in the Commonwealth who would be the heirs of the infant, incapacitated person, or cestui que trust, if he were dead, order<\/span> such proceeds to be paid and delivered to the foreign guardian, committee, conservator, or trustee<\/span>, or his agent or attorney, and removed by him to the state or country in which he was appointed and qualified. The court<\/span> may refuse to permit the payment and delivery if the court<\/span> determines that the removal of the trust subject will<\/span> defeat or conflict with the provisions of the deed, will<\/span>, or other instrument creating the trust.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OF PROCEEDS OF SALE OF REAL ESTATE OF NONRESIDENT BENEFICIARY TO\nFOREIGN FIDUCIARY (\u00a7 64.2-1428)\n\nWhen the proceeds of sale of the real estate of an infant, incapacitated person,\nor cestui que trust are invested, or required to be invested under the direction\nof the circuit court, and the infant, incapacitated person, or cestui que trust\ndoes not reside in the Commonwealth, on the petition of a guardian, committee,\nconservator, or trustee lawfully appointed or qualified in the state or country\nof residence of the infant, incapacitated person, or cestui que trust, the court\nunder whose direction such proceeds are so invested, or required to be invested,\nmay, with the consent of the persons residing in the Commonwealth who would be\nthe heirs of the infant, incapacitated person, or cestui que trust, if he were\ndead, order such proceeds to be paid and delivered to the foreign guardian,\ncommittee, conservator, or trustee, or his agent or attorney, and removed by him\nto the state or country in which he was appointed and qualified. The court may\nrefuse to permit the payment and delivery if the court determines that the\nremoval of the trust subject will defeat or conflict with the provisions of the\ndeed, will, or other instrument creating the trust.\n\nHISTORY: Code 1919, \u00a7 5351; Code 1950, \u00a7 26-61; 1997, 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}}