{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1701.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1701.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1701.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1701.html"}],"law_id":68554,"edition_id":1,"section_id":68554,"structure_id":15871,"section_number":"64.2-1701","catch_line":"Testamentary guardians","history":"Code 1919, \u00a7\u00a7 5314, 5315; 1930, p. 686; Code 1950, \u00a7\u00a7 31-2, 31-3; 1989, c. 535; 1999, c. 16; 2012, c. 614.","full_text":"A\n\nEvery parent may by will appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor child for such time during the minor’s infancy as the parent directs. A guardian of a minor’s estate shall have custody and control of the estate committed to his care. A guardian of the person of a minor other than a parent is not entitled to custody of the person of the minor so long as either of the minor’s parents is living and such parent is a fit and proper person to have custody of the minor.B\n\nThe appointment of any guardian pursuant to subsection A shall be void if the guardian (i) renounces the guardianship or (ii) fails to appear in the court in which the will is admitted to probate within six months after the probate to accept the guardianship and give any bond required under § 64.2-1704.","order_by":null,"text":{"0":{"id":248152,"text":"Every parent may by will appoint (i) a guardian of the person of his minor child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor child for such time during the minor’s infancy as the parent directs. A guardian of a minor’s estate shall have custody and control of the estate committed to his care. A guardian of the person of a minor other than a parent is not entitled to custody of the person of the minor so long as either of the minor’s parents is living and such parent is a fit and proper person to have custody of the minor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248153,"text":"The appointment of any guardian pursuant to subsection A shall be void if the guardian (i) renounces the guardianship or (ii) fails to appear in the court in which the will is admitted to probate within six months after the probate to accept the guardianship and give any bond required under § 64.2-1704.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15871,"edition_id":1,"name":"Appointment of Guardian","identifier":"17","label":"chapter","depth":4,"order_by":1,"parent_id":13807,"metadata":{},"date_created":"2026-06-26 04:00:56","date_modified":"2026-06-26 04:00:56","permalink":{"id":275339,"object_type":"structure","relational_id":15871,"identifier":"17","token":"64.2\/IV\/C\/17","url":"\/64.2\/IV\/C\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13807,"edition_id":1,"name":"Guardianship of Minor","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:45:56","date_modified":"2026-06-26 03:45:56","permalink":{"id":275337,"object_type":"structure","relational_id":13807,"identifier":"C","token":"64.2\/IV\/C","url":"\/64.2\/IV\/C\/","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":67669,"structure_id":15871,"section_number":"64.2-1700","catch_line":"Natural guardians","url":"\/64.2-1700\/","token":"64.2\/IV\/C\/17\/64.2-1700","metadata":false},{"id":68554,"structure_id":15871,"section_number":"64.2-1701","catch_line":"Testamentary guardians","url":"\/64.2-1701\/","token":"64.2\/IV\/C\/17\/64.2-1701","metadata":false},{"id":72415,"structure_id":15871,"section_number":"64.2-1702","catch_line":"Appointment of guardians","url":"\/64.2-1702\/","token":"64.2\/IV\/C\/17\/64.2-1702","metadata":false},{"id":62421,"structure_id":15871,"section_number":"64.2-1703","catch_line":"Nomination of guardians","url":"\/64.2-1703\/","token":"64.2\/IV\/C\/17\/64.2-1703","metadata":false},{"id":61358,"structure_id":15871,"section_number":"64.2-1704","catch_line":"Guardian's bond","url":"\/64.2-1704\/","token":"64.2\/IV\/C\/17\/64.2-1704","metadata":false},{"id":72507,"structure_id":15871,"section_number":"64.2-1705","catch_line":"Redetermination of guardian's bond","url":"\/64.2-1705\/","token":"64.2\/IV\/C\/17\/64.2-1705","metadata":false},{"id":84602,"structure_id":15871,"section_number":"64.2-1706","catch_line":"When court may appoint temporary guardians; bond; powers and duties","url":"\/64.2-1706\/","token":"64.2\/IV\/C\/17\/64.2-1706","metadata":false}],"previous_section":{"id":67669,"structure_id":15871,"section_number":"64.2-1700","catch_line":"Natural guardians","url":"\/64.2-1700\/","token":"64.2\/IV\/C\/17\/64.2-1700","metadata":false},"next_section":{"id":72415,"structure_id":15871,"section_number":"64.2-1702","catch_line":"Appointment of guardians","url":"\/64.2-1702\/","token":"64.2\/IV\/C\/17\/64.2-1702","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1701\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1989, chapter 535; in 1999, chapter 16<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":72415,"section_number":"64.2-1702","catch_line":"Appointment of guardians","order_by":null,"url":"\/64.2-1702\/"},{"id":65728,"section_number":"64.2-1800","catch_line":"Custody, care, and education of ward; ward's estate","order_by":null,"url":"\/64.2-1800\/"}],"refers_to":[{"id":61358,"section_number":"64.2-1704","catch_line":"Guardian's bond","order_by":null,"url":"\/64.2-1704\/"}],"permalink":{"id":275345,"object_type":"law","relational_id":68554,"identifier":"64.2-1701","token":"64.2\/IV\/C\/17\/64.2-1701","url":"\/64.2-1701\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1701\/","token":"64.2\/IV\/C\/17\/64.2-1701","dublin_core":{"Title":"Testamentary guardians","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1701","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every parent may by will<\/span> appoint (i) a guardian of the person of his minor<\/span> child and (ii) a guardian for the estate bequeathed or devised by the parent to his minor<\/span> child for such time during the minor<\/span>’s infancy as the parent directs. A guardian of a minor<\/span>’s estate shall have custody<\/span> and control of the estate committed to his care. A guardian of the person of a minor<\/span> other than a parent is not entitled to custody<\/span> of the person of the minor<\/span> so long as either of the minor<\/span>’s parents is living and such parent is a fit and proper person to have custody<\/span> of the minor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The appointment of any guardian pursuant to subsection A shall be void if the guardian (i) renounces the guardianship or (ii) fails to appear in the court<\/span> in which the will<\/span> is admitted to probate within six months after the probate to accept the guardianship and give any bond<\/span> required under § 64.2-1704<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTAMENTARY GUARDIANS (\u00a7 64.2-1701)\n\nA. Every parent may by will appoint (i) a guardian of the person of his minor\nchild and (ii) a guardian for the estate bequeathed or devised by the parent to\nhis minor child for such time during the minor’s infancy as the parent\ndirects. A guardian of a minor’s estate shall have custody and control of\nthe estate committed to his care. A guardian of the person of a minor other than\na parent is not entitled to custody of the person of the minor so long as either\nof the minor’s parents is living and such parent is a fit and proper\nperson to have custody of the minor.\n\nB. The appointment of any guardian pursuant to subsection A shall be void if the\nguardian (i) renounces the guardianship or (ii) fails to appear in the court in\nwhich the will is admitted to probate within six months after the probate to\naccept the guardianship and give any bond required under § 64.2-1704.\n\nHISTORY: Code 1919, \u00a7\u00a7 5314, 5315; 1930, p. 686; Code 1950, \u00a7\u00a7 31-2, 31-3;\n1989, c. 535; 1999, c. 16; 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}}