{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2026.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2026.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2026.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2026.html"}],"law_id":71551,"edition_id":1,"section_id":71551,"structure_id":13268,"section_number":"64.2-2026","catch_line":"Surrender of incapacitated person’s estate","history":"Code 1950, \u00a7 37-151; 1968, c. 477, \u00a7 37.1-144; 1995, c. 344; 1997, c. 921; 2003, c. 195; 2005, c. 716, \u00a7 37.2-1027; 2012, c. 614; 2014, c. 532; 2025, c. 148.","full_text":"A\n\nIf the incapacitated person is restored to capacity, the fiduciary shall surrender the incapacitated person’s estate or that portion for which he is accountable to the incapacitated person.B\n\nIf the incapacitated person dies prior to being restored to capacity, the fiduciary shall surrender the real estate to the incapacitated person’s heirs or devisees and the personal estate to his executors or administrators. If, at the time of the death of the incapacitated person, (i) the value of the personal estate in the custody of the fiduciary is $35,000 or less, (ii) a personal representative has not qualified within 60 days of the incapacitated person’s death, and (iii) the fiduciary does not anticipate that anyone will qualify, the fiduciary may pay the balance of the incapacitated person’s estate to the incapacitated person’s surviving spouse or, if there is no surviving spouse, to the distributees of the incapacitated person or other persons entitled thereto, including any person or entity entitled to payment for funeral or burial services provided. The distribution shall be noted in the fiduciary’s final accounting submitted to the commissioner of accounts.","order_by":null,"text":{"0":{"id":257935,"text":"If the incapacitated person is restored to capacity, the fiduciary shall surrender the incapacitated person’s estate or that portion for which he is accountable to the incapacitated person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257936,"text":"If the incapacitated person dies prior to being restored to capacity, the fiduciary shall surrender the real estate to the incapacitated person’s heirs or devisees and the personal estate to his executors or administrators. If, at the time of the death of the incapacitated person, (i) the value of the personal estate in the custody of the fiduciary is $35,000 or less, (ii) a personal representative has not qualified within 60 days of the incapacitated person’s death, and (iii) the fiduciary does not anticipate that anyone will qualify, the fiduciary may pay the balance of the incapacitated person’s estate to the incapacitated person’s surviving spouse or, if there is no surviving spouse, to the distributees of the incapacitated person or other persons entitled thereto, including any person or entity entitled to payment for funeral or burial services provided. The distribution shall be noted in the fiduciary’s final accounting submitted to the commissioner of accounts.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13268,"edition_id":1,"name":"Powers, Duties, and Liabilities","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13267,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275583,"object_type":"structure","relational_id":13268,"identifier":"2","token":"64.2\/IV\/D\/20\/2","url":"\/64.2\/IV\/D\/20\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13267,"edition_id":1,"name":"Guardianship and Conservatorship","identifier":"20","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275495,"object_type":"structure","relational_id":13267,"identifier":"20","token":"64.2\/IV\/D\/20","url":"\/64.2\/IV\/D\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13266,"edition_id":1,"name":"Guardianship of Incapacitated Persons","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275493,"object_type":"structure","relational_id":13266,"identifier":"D","token":"64.2\/IV\/D","url":"\/64.2\/IV\/D\/","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":54266,"structure_id":13268,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","url":"\/64.2-2019\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019","metadata":false},{"id":72769,"structure_id":13268,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","url":"\/64.2-2019.1\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019.1","metadata":false},{"id":58544,"structure_id":13268,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","url":"\/64.2-2020\/","token":"64.2\/IV\/D\/20\/2\/64.2-2020","metadata":false},{"id":73684,"structure_id":13268,"section_number":"64.2-2021","catch_line":"General duties and liabilities of conservator","url":"\/64.2-2021\/","token":"64.2\/IV\/D\/20\/2\/64.2-2021","metadata":false},{"id":78923,"structure_id":13268,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","url":"\/64.2-2022\/","token":"64.2\/IV\/D\/20\/2\/64.2-2022","metadata":false},{"id":70953,"structure_id":13268,"section_number":"64.2-2023","catch_line":"Estate planning","url":"\/64.2-2023\/","token":"64.2\/IV\/D\/20\/2\/64.2-2023","metadata":false},{"id":66626,"structure_id":13268,"section_number":"64.2-2024","catch_line":"Fiduciary to take possession of incapacitated person's estate; suits relative to estate; retaining estate for fiduciary's own debt","url":"\/64.2-2024\/","token":"64.2\/IV\/D\/20\/2\/64.2-2024","metadata":false},{"id":56021,"structure_id":13268,"section_number":"64.2-2025","catch_line":"Fiduciary to prosecute and defend actions involving incapacitated person","url":"\/64.2-2025\/","token":"64.2\/IV\/D\/20\/2\/64.2-2025","metadata":false},{"id":71551,"structure_id":13268,"section_number":"64.2-2026","catch_line":"Surrender of incapacitated person's estate","url":"\/64.2-2026\/","token":"64.2\/IV\/D\/20\/2\/64.2-2026","metadata":false},{"id":74870,"structure_id":13268,"section_number":"64.2-2027","catch_line":"Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses","url":"\/64.2-2027\/","token":"64.2\/IV\/D\/20\/2\/64.2-2027","metadata":false},{"id":64942,"structure_id":13268,"section_number":"64.2-2028","catch_line":"Department of Behavioral Health and Developmental Services to be notified in certain cases","url":"\/64.2-2028\/","token":"64.2\/IV\/D\/20\/2\/64.2-2028","metadata":false},{"id":62174,"structure_id":13268,"section_number":"64.2-2029","catch_line":"Application to guardians and conservators appointed pursuant to \u00a7 64.2-2115","url":"\/64.2-2029\/","token":"64.2\/IV\/D\/20\/2\/64.2-2029","metadata":false}],"previous_section":{"id":56021,"structure_id":13268,"section_number":"64.2-2025","catch_line":"Fiduciary to prosecute and defend actions involving incapacitated person","url":"\/64.2-2025\/","token":"64.2\/IV\/D\/20\/2\/64.2-2025","metadata":false},"next_section":{"id":74870,"structure_id":13268,"section_number":"64.2-2027","catch_line":"Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses","url":"\/64.2-2027\/","token":"64.2\/IV\/D\/20\/2\/64.2-2027","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2026\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 477; in 1995, chapter 344<\/a>; in 1997, chapter 921<\/a>; in 2003, chapter 195<\/a>; in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 532<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":61902,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","order_by":null,"url":"\/64.2-2014\/"}],"refers_to":false,"permalink":{"id":275617,"object_type":"law","relational_id":71551,"identifier":"64.2-2026","token":"64.2\/IV\/D\/20\/2\/64.2-2026","url":"\/64.2-2026\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2026\/","token":"64.2\/IV\/D\/20\/2\/64.2-2026","dublin_core":{"Title":"Surrender of incapacitated person’s estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2026","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the incapacitated person<\/span> is restored to capacity, the fiduciary<\/span> shall surrender the incapacitated person<\/span>’s estate<\/span> or that portion for which he is accountable to the incapacitated person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the incapacitated person<\/span> dies prior to being restored to capacity, the fiduciary<\/span> shall surrender the real estate<\/span> to the incapacitated person<\/span>’s heirs or devisees and the personal estate<\/span> to his executors or administrators. If, at the time of the death of the incapacitated person<\/span>, (i) the value<\/span> of the personal estate<\/span> in the custody<\/span> of the fiduciary<\/span> is $35,000 or less, (ii) a personal representative<\/span> has not qualified within 60 days of the incapacitated person<\/span>’s death, and (iii) the fiduciary<\/span> does not anticipate that anyone will<\/span> qualify, the fiduciary<\/span> may pay the balance of the incapacitated person<\/span>’s estate<\/span> to the incapacitated person<\/span>’s surviving spouse or, if there is no surviving spouse, to the distributees of the incapacitated person<\/span> or other persons entitled thereto, including any person or entity entitled to payment for funeral or burial services provided. The distribution shall be noted in the fiduciary<\/span>’s final accounting submitted to the commissioner of accounts. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURRENDER OF INCAPACITATED PERSON’S ESTATE (\u00a7 64.2-2026)\n\nA. If the incapacitated person is restored to capacity, the fiduciary shall\nsurrender the incapacitated person’s estate or that portion for which he\nis accountable to the incapacitated person.\n\nB. If the incapacitated person dies prior to being restored to capacity, the\nfiduciary shall surrender the real estate to the incapacitated person’s\nheirs or devisees and the personal estate to his executors or administrators.\nIf, at the time of the death of the incapacitated person, (i) the value of the\npersonal estate in the custody of the fiduciary is $35,000 or less, (ii) a\npersonal representative has not qualified within 60 days of the incapacitated\nperson’s death, and (iii) the fiduciary does not anticipate that anyone\nwill qualify, the fiduciary may pay the balance of the incapacitated\nperson’s estate to the incapacitated person’s surviving spouse or,\nif there is no surviving spouse, to the distributees of the incapacitated person\nor other persons entitled thereto, including any person or entity entitled to\npayment for funeral or burial services provided. The distribution shall be noted\nin the fiduciary’s final accounting submitted to the commissioner of\naccounts.\n\nHISTORY: Code 1950, \u00a7 37-151; 1968, c. 477, \u00a7 37.1-144; 1995, c. 344; 1997, c.\n921; 2003, c. 195; 2005, c. 716, \u00a7 37.2-1027; 2012, c. 614; 2014, c. 532; 2025,\nc. 148.","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}}