{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1917.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1917.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1917.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1917.html"}],"law_id":69800,"edition_id":1,"section_id":69800,"structure_id":14685,"section_number":"64.2-1917","catch_line":"Renunciation, resignation, death, or removal of custodian; designation of successor custodian","history":"1988, c. 516, \u00a7 31-54; 2012, c. 614.","full_text":"A\n\nA person nominated under § 64.2-1902 or designated under § 64.2-1908 as custodian may decline to serve by delivering written notice to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under § 64.2-1902, the person who made the nomination may nominate a substitute custodian under § 64.2-1902. Otherwise, the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer. In either case the nomination or designation shall be made from among the persons eligible to serve as custodian for that kind of property under subsection A of § 64.2-1908. The custodian so designated has the rights of a successor custodian.B\n\nA custodian at any time may designate a trust company or an adult other than a transferor under § 64.2-1903 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, or becomes incapacitated.C\n\nA custodian may resign at any time by (i) delivering written notice to the minor, if the minor has attained the age of 14 years, and to the successor custodian and (ii) delivering the custodial property to the successor custodian.D\n\nIf a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection B, an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.E\n\nA custodian who declines to serve under subsection A or resigns under subsection C or the legal representative of a deceased or incapacitated custodian shall, as soon as practicable, put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.F\n\nA transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor, if the minor has attained the age of 14 years, may petition the court to (i) remove the custodian for cause and to designate a successor custodian other than a transferor under § 64.2-1903 or (ii) require the custodian to give appropriate bond.","order_by":null,"text":{"0":{"id":252243,"text":"A person nominated under § 64.2-1902 or designated under § 64.2-1908 as custodian may decline to serve by delivering written notice to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under § 64.2-1902, the person who made the nomination may nominate a substitute custodian under § 64.2-1902. Otherwise, the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer. In either case the nomination or designation shall be made from among the persons eligible to serve as custodian for that kind of property under subsection A of § 64.2-1908. The custodian so designated has the rights of a successor custodian.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252244,"text":"A custodian at any time may designate a trust company or an adult other than a transferor under § 64.2-1903 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, or becomes incapacitated.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252245,"text":"A custodian may resign at any time by (i) delivering written notice to the minor, if the minor has attained the age of 14 years, and to the successor custodian and (ii) delivering the custodial property to the successor custodian.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":252246,"text":"If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection B, an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":252247,"text":"A custodian who declines to serve under subsection A or resigns under subsection C or the legal representative of a deceased or incapacitated custodian shall, as soon as practicable, put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":252248,"text":"A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor, if the minor has attained the age of 14 years, may petition the court to (i) remove the custodian for cause and to designate a successor custodian other than a transferor under § 64.2-1903 or (ii) require the custodian to give appropriate bond.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14685,"edition_id":1,"name":"Virginia Uniform Transfers to Minors Act","identifier":"19","label":"chapter","depth":4,"order_by":1,"parent_id":13807,"metadata":{},"date_created":"2026-06-26 03:49:21","date_modified":"2026-06-26 03:49:21","permalink":{"id":275399,"object_type":"structure","relational_id":14685,"identifier":"19","token":"64.2\/IV\/C\/19","url":"\/64.2\/IV\/C\/19\/","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":65466,"structure_id":14685,"section_number":"64.2-1900","catch_line":"Definitions","url":"\/64.2-1900\/","token":"64.2\/IV\/C\/19\/64.2-1900","metadata":false},{"id":60782,"structure_id":14685,"section_number":"64.2-1901","catch_line":"Scope and jurisdiction","url":"\/64.2-1901\/","token":"64.2\/IV\/C\/19\/64.2-1901","metadata":false},{"id":74303,"structure_id":14685,"section_number":"64.2-1902","catch_line":"Nomination of custodian","url":"\/64.2-1902\/","token":"64.2\/IV\/C\/19\/64.2-1902","metadata":false},{"id":77870,"structure_id":14685,"section_number":"64.2-1903","catch_line":"Transfer by gift or exercise of power of appointment","url":"\/64.2-1903\/","token":"64.2\/IV\/C\/19\/64.2-1903","metadata":false},{"id":79169,"structure_id":14685,"section_number":"64.2-1904","catch_line":"Transfer authorized by will or trust","url":"\/64.2-1904\/","token":"64.2\/IV\/C\/19\/64.2-1904","metadata":false},{"id":79226,"structure_id":14685,"section_number":"64.2-1905","catch_line":"Other transfer by fiduciary","url":"\/64.2-1905\/","token":"64.2\/IV\/C\/19\/64.2-1905","metadata":false},{"id":61196,"structure_id":14685,"section_number":"64.2-1906","catch_line":"Transfer by obligor","url":"\/64.2-1906\/","token":"64.2\/IV\/C\/19\/64.2-1906","metadata":false},{"id":83598,"structure_id":14685,"section_number":"64.2-1907","catch_line":"Receipt for custodial property","url":"\/64.2-1907\/","token":"64.2\/IV\/C\/19\/64.2-1907","metadata":false},{"id":82555,"structure_id":14685,"section_number":"64.2-1908","catch_line":"Manner of creating custodial property and effecting transfer; designation of initial custodian; control","url":"\/64.2-1908\/","token":"64.2\/IV\/C\/19\/64.2-1908","metadata":false},{"id":62208,"structure_id":14685,"section_number":"64.2-1909","catch_line":"Single and joint custodians","url":"\/64.2-1909\/","token":"64.2\/IV\/C\/19\/64.2-1909","metadata":false},{"id":78444,"structure_id":14685,"section_number":"64.2-1910","catch_line":"Validity and effect of transfer","url":"\/64.2-1910\/","token":"64.2\/IV\/C\/19\/64.2-1910","metadata":false},{"id":56318,"structure_id":14685,"section_number":"64.2-1911","catch_line":"Care of custodial property; duties of custodian","url":"\/64.2-1911\/","token":"64.2\/IV\/C\/19\/64.2-1911","metadata":false},{"id":83168,"structure_id":14685,"section_number":"64.2-1912","catch_line":"Powers of custodian","url":"\/64.2-1912\/","token":"64.2\/IV\/C\/19\/64.2-1912","metadata":false},{"id":60473,"structure_id":14685,"section_number":"64.2-1913","catch_line":"Use of custodial property","url":"\/64.2-1913\/","token":"64.2\/IV\/C\/19\/64.2-1913","metadata":false},{"id":78698,"structure_id":14685,"section_number":"64.2-1914","catch_line":"Custodian's expenses, compensation, and bond","url":"\/64.2-1914\/","token":"64.2\/IV\/C\/19\/64.2-1914","metadata":false},{"id":64823,"structure_id":14685,"section_number":"64.2-1915","catch_line":"Exemption of third person from liability","url":"\/64.2-1915\/","token":"64.2\/IV\/C\/19\/64.2-1915","metadata":false},{"id":59272,"structure_id":14685,"section_number":"64.2-1916","catch_line":"Liability to third persons","url":"\/64.2-1916\/","token":"64.2\/IV\/C\/19\/64.2-1916","metadata":false},{"id":69800,"structure_id":14685,"section_number":"64.2-1917","catch_line":"Renunciation, resignation, death, or removal of custodian; designation of successor custodian","url":"\/64.2-1917\/","token":"64.2\/IV\/C\/19\/64.2-1917","metadata":false},{"id":65755,"structure_id":14685,"section_number":"64.2-1918","catch_line":"Accounting by and determination of liability of custodian","url":"\/64.2-1918\/","token":"64.2\/IV\/C\/19\/64.2-1918","metadata":false},{"id":70368,"structure_id":14685,"section_number":"64.2-1919","catch_line":"Termination of custodianship","url":"\/64.2-1919\/","token":"64.2\/IV\/C\/19\/64.2-1919","metadata":false},{"id":62696,"structure_id":14685,"section_number":"64.2-1920","catch_line":"Applicability","url":"\/64.2-1920\/","token":"64.2\/IV\/C\/19\/64.2-1920","metadata":false},{"id":70217,"structure_id":14685,"section_number":"64.2-1921","catch_line":"Effect on existing custodianships","url":"\/64.2-1921\/","token":"64.2\/IV\/C\/19\/64.2-1921","metadata":false},{"id":58715,"structure_id":14685,"section_number":"64.2-1922","catch_line":"Uniformity of application and construction","url":"\/64.2-1922\/","token":"64.2\/IV\/C\/19\/64.2-1922","metadata":false}],"previous_section":{"id":59272,"structure_id":14685,"section_number":"64.2-1916","catch_line":"Liability to third persons","url":"\/64.2-1916\/","token":"64.2\/IV\/C\/19\/64.2-1916","metadata":false},"next_section":{"id":65755,"structure_id":14685,"section_number":"64.2-1918","catch_line":"Accounting by and determination of liability of custodian","url":"\/64.2-1918\/","token":"64.2\/IV\/C\/19\/64.2-1918","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1917\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 516 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":65466,"section_number":"64.2-1900","catch_line":"Definitions","order_by":null,"url":"\/64.2-1900\/"},{"id":78698,"section_number":"64.2-1914","catch_line":"Custodian's expenses, compensation, and bond","order_by":null,"url":"\/64.2-1914\/"},{"id":65755,"section_number":"64.2-1918","catch_line":"Accounting by and determination of liability of custodian","order_by":null,"url":"\/64.2-1918\/"}],"refers_to":[{"id":74303,"section_number":"64.2-1902","catch_line":"Nomination of custodian","order_by":null,"url":"\/64.2-1902\/"},{"id":77870,"section_number":"64.2-1903","catch_line":"Transfer by gift or exercise of power of appointment","order_by":null,"url":"\/64.2-1903\/"},{"id":82555,"section_number":"64.2-1908","catch_line":"Manner of creating custodial property and effecting transfer; designation of initial custodian; control","order_by":null,"url":"\/64.2-1908\/"}],"permalink":{"id":275469,"object_type":"law","relational_id":69800,"identifier":"64.2-1917","token":"64.2\/IV\/C\/19\/64.2-1917","url":"\/64.2-1917\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1917\/","token":"64.2\/IV\/C\/19\/64.2-1917","dublin_core":{"Title":"Renunciation, resignation, death, or removal of custodian; designation of successor custodian","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1917","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> nominated under § 64.2-1902<\/a> or designated under § 64.2-1908<\/a> as custodian<\/span> may decline to serve by delivering written notice to the person<\/span> who made the nomination or to the transferor<\/span> or the transferor<\/span>’s legal representative<\/span>. If the event giving rise to a transfer<\/span> has not occurred and no substitute custodian<\/span> able, willing, and eligible to serve was nominated under § 64.2-1902<\/a>, the person<\/span> who made the nomination may nominate a substitute custodian<\/span> under § 64.2-1902<\/a>. Otherwise, the transferor<\/span> or the transferor<\/span>’s legal representative<\/span> shall designate a substitute custodian<\/span> at the time of the transfer<\/span>. In either case the nomination or designation shall be made from among the persons<\/span> eligible to serve as custodian<\/span> for that kind of property under subsection A of § 64.2-1908<\/a>. The custodian<\/span> so designated has the rights of a successor custodian<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A custodian<\/span> at any time may designate a trust company<\/span> or an adult<\/span> other than a transferor<\/span> under § 64.2-1903<\/a> as successor custodian<\/span> by executing and dating an instrument of designation before a subscribing witness<\/span> other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian<\/span>, the designation of the successor does not take effect until the custodian<\/span> resigns, dies, or becomes incapacitated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A custodian<\/span> may resign at any time by (i) delivering written notice to the minor<\/span>, if the minor<\/span> has attained the age of 14 years, and to the successor custodian<\/span> and (ii) delivering the custodial property<\/span> to the successor custodian<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a custodian<\/span> is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor<\/span> has attained the age of 14 years, the minor<\/span> may designate as successor custodian<\/span>, in the manner prescribed in subsection B, an adult<\/span> member of the minor<\/span>’s family, a conservator<\/span> of the minor<\/span>, or a trust company<\/span>. If the minor<\/span> has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator<\/span> of the minor<\/span> becomes successor custodian<\/span>. If the minor<\/span> has no conservator<\/span> or the conservator<\/span> declines to act, the transferor<\/span>, the legal representative<\/span> of the transferor<\/span> or of the custodian<\/span>, an adult<\/span> member of the minor<\/span>’s family, or any other interested person<\/span> may petition<\/span> the court<\/span> to designate a successor custodian<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A custodian<\/span> who declines to serve under subsection A or resigns under subsection C or the legal representative<\/span> of a deceased or incapacitated custodian<\/span> shall, as soon as practicable, put the custodial property<\/span> and records in the possession<\/span> and control of the successor custodian<\/span>. The successor custodian<\/span> by action may enforce the obligation to deliver custodial property<\/span> and records and becomes responsible for each item as received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A transferor<\/span>, the legal representative<\/span> of a transferor<\/span>, an adult<\/span> member of the minor<\/span>’s family, a guardian of the person<\/span> of the minor<\/span>, the conservator<\/span> of the minor<\/span>, or the minor<\/span>, if the minor<\/span> has attained the age of 14 years, may petition<\/span> the court<\/span> to (i) remove the custodian<\/span> for cause and to designate a successor custodian<\/span> other than a transferor<\/span> under § 64.2-1903<\/a> or (ii) require the custodian<\/span> to give appropriate bond<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF CUSTODIAN; DESIGNATION OF\nSUCCESSOR CUSTODIAN (\u00a7 64.2-1917)\n\nA. A person nominated under § 64.2-1902 or designated under §\n64.2-1908 as custodian may decline to serve by delivering written notice to the\nperson who made the nomination or to the transferor or the transferor’s\nlegal representative. If the event giving rise to a transfer has not occurred\nand no substitute custodian able, willing, and eligible to serve was nominated\nunder § 64.2-1902, the person who made the nomination may nominate a\nsubstitute custodian under § 64.2-1902. Otherwise, the transferor or the\ntransferor’s legal representative shall designate a substitute custodian\nat the time of the transfer. In either case the nomination or designation shall\nbe made from among the persons eligible to serve as custodian for that kind of\nproperty under subsection A of § 64.2-1908. The custodian so designated has\nthe rights of a successor custodian.\n\nB. A custodian at any time may designate a trust company or an adult other than\na transferor under § 64.2-1903 as successor custodian by executing and\ndating an instrument of designation before a subscribing witness other than the\nsuccessor. If the instrument of designation does not contain or is not\naccompanied by the resignation of the custodian, the designation of the\nsuccessor does not take effect until the custodian resigns, dies, or becomes\nincapacitated.\n\nC. A custodian may resign at any time by (i) delivering written notice to the\nminor, if the minor has attained the age of 14 years, and to the successor\ncustodian and (ii) delivering the custodial property to the successor custodian.\n\nD. If a custodian is ineligible, dies, or becomes incapacitated without having\neffectively designated a successor and the minor has attained the age of 14\nyears, the minor may designate as successor custodian, in the manner prescribed\nin subsection B, an adult member of the minor’s family, a conservator of\nthe minor, or a trust company. If the minor has not attained the age of 14 years\nor fails to act within 60 days after the ineligibility, death, or incapacity,\nthe conservator of the minor becomes successor custodian. If the minor has no\nconservator or the conservator declines to act, the transferor, the legal\nrepresentative of the transferor or of the custodian, an adult member of the\nminor’s family, or any other interested person may petition the court to\ndesignate a successor custodian.\n\nE. A custodian who declines to serve under subsection A or resigns under\nsubsection C or the legal representative of a deceased or incapacitated\ncustodian shall, as soon as practicable, put the custodial property and records\nin the possession and control of the successor custodian. The successor\ncustodian by action may enforce the obligation to deliver custodial property and\nrecords and becomes responsible for each item as received.\n\nF. A transferor, the legal representative of a transferor, an adult member of\nthe minor’s family, a guardian of the person of the minor, the conservator\nof the minor, or the minor, if the minor has attained the age of 14 years, may\npetition the court to (i) remove the custodian for cause and to designate a\nsuccessor custodian other than a transferor under § 64.2-1903 or (ii)\nrequire the custodian to give appropriate bond.\n\nHISTORY: 1988, c. 516, \u00a7 31-54; 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}}