{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-502.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-502.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-502.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-502.html"}],"law_id":78326,"edition_id":1,"section_id":78326,"structure_id":13927,"section_number":"64.2-502","catch_line":"Grant of administration of intestate estate","history":"Code 1950, \u00a7\u00a7 64-114, 64-115; 1968, c. 656, \u00a7\u00a7 64.1-118, 64.1-119; 1978, c. 483; 2000, c. 321; 2002, c. 197; 2006, c. 724; 2012, c. 614; 2015, c. 551; 2016, cc. 187, 269.","full_text":"A\n\nThe court or the clerk who would have jurisdiction as to the probate of a will, if there were a will, has jurisdiction to hear and determine the right of administration of the estate in the case of a person dying intestate. Administration shall be granted as follows:1\n\nDuring the first 30 days following the decedent&#8217;s death, the court or the clerk may grant administration to a sole distributee, or his designee, or in the absence of a sole distributee, to any distributee, or his designee, who presents written waivers of the right to qualify from all other competent distributees.2\n\nAfter 30 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to the first distributee, or his designee, who applies, provided, that if, during the first 30 days following the decedent&#8217;s death, more than one distributee notifies the court or the clerk of an intent to qualify after the 30-day period has elapsed, the court or the clerk shall not grant administration to any distributee, or his designee, until the court or the clerk has given all such distributees an opportunity to be heard.3\n\nAfter 45 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to any nonprofit charitable organization that operated as a conservator or guardian for the decedent at the time of his death if such organization certifies that it has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of its intention to apply for administration at least 30 days before such application, or, that it has not been able to find any address for such distributee. However, if, during the first 45 days following the decedent&#8217;s death, any distributee notifies the court or the clerk of an intent to qualify after the 45-day period has elapsed, the court or the clerk shall not grant administration to any such organization until the court or the clerk has given all such distributees an opportunity to be heard. Qualification of such nonprofit charitable organization is not subject to challenge on account of the failure to make the certification required by this subdivision.4\n\nAfter 60 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to one or more of the creditors or to any other person, provided such creditor or person other than a distributee certifies that he has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of his intention to apply for administration at least 30 days before such application, or that he has not been able to find any address for such distributee. Qualification of a creditor or person other than a distributee is not subject to challenge on account of the failure to make the certification required by this subdivision.B\n\nWhen granting administration, if the court determines that it is in the best interests of a decedent&#8217;s estate, the court may depart from the provisions of this section at any time and grant administration to such person as the court deems appropriate.C\n\nThe court or clerk may admit to probate a will of the decedent after a grant of administration. If administration has been granted to a creditor or person other than a distributee, the court or clerk may grant administration to a distributee who applies for administration and who has not previously been refused administration after reasonable notice has been given to such creditor or other person previously granted administration. Admission of a will to probate or the grant of administration pursuant to this subsection terminates any previous grant of administration.D\n\nThe court or clerk shall not grant administration to any person unless satisfied that he is suitable and competent to perform the duties of his office. The clerk shall require such person to sign under oath that such person is not under a disability as defined in &#xA7; 8.01-2 or, regardless of whether his civil rights have been restored, has not been convicted of a felony offense of (i) fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering. However, if the person convicted of such felony offense is the sole distributee of the estate, then the court or clerk may grant administration to such person if he is otherwise suitable and competent to perform the duties of his office.E\n\nIf any beneficiary of the estate objects, a spouse or parent who has been barred from all interest in the estate because of desertion or abandonment as provided under &#xA7; 64.2-308 or 64.2-308.17, as applicable, may not serve as an administrator of the estate of the deceased spouse or child.","order_by":null,"text":{"0":{"id":280747,"text":"The court or the clerk who would have jurisdiction as to the probate of a will, if there were a will, has jurisdiction to hear and determine the right of administration of the estate in the case of a person dying intestate. Administration shall be granted as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":280748,"text":"During the first 30 days following the decedent&#8217;s death, the court or the clerk may grant administration to a sole distributee, or his designee, or in the absence of a sole distributee, to any distributee, or his designee, who presents written waivers of the right to qualify from all other competent distributees.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":280749,"text":"After 30 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to the first distributee, or his designee, who applies, provided, that if, during the first 30 days following the decedent&#8217;s death, more than one distributee notifies the court or the clerk of an intent to qualify after the 30-day period has elapsed, the court or the clerk shall not grant administration to any distributee, or his designee, until the court or the clerk has given all such distributees an opportunity to be heard.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":280750,"text":"After 45 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to any nonprofit charitable organization that operated as a conservator or guardian for the decedent at the time of his death if such organization certifies that it has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of its intention to apply for administration at least 30 days before such application, or, that it has not been able to find any address for such distributee. However, if, during the first 45 days following the decedent&#8217;s death, any distributee notifies the court or the clerk of an intent to qualify after the 45-day period has elapsed, the court or the clerk shall not grant administration to any such organization until the court or the clerk has given all such distributees an opportunity to be heard. Qualification of such nonprofit charitable organization is not subject to challenge on account of the failure to make the certification required by this subdivision.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":280751,"text":"After 60 days have passed since the decedent&#8217;s death, the court or the clerk may grant administration to one or more of the creditors or to any other person, provided such creditor or person other than a distributee certifies that he has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of his intention to apply for administration at least 30 days before such application, or that he has not been able to find any address for such distributee. Qualification of a creditor or person other than a distributee is not subject to challenge on account of the failure to make the certification required by this subdivision.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":280752,"text":"When granting administration, if the court determines that it is in the best interests of a decedent&#8217;s estate, the court may depart from the provisions of this section at any time and grant administration to such person as the court deems appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":280753,"text":"The court or clerk may admit to probate a will of the decedent after a grant of administration. If administration has been granted to a creditor or person other than a distributee, the court or clerk may grant administration to a distributee who applies for administration and who has not previously been refused administration after reasonable notice has been given to such creditor or other person previously granted administration. Admission of a will to probate or the grant of administration pursuant to this subsection terminates any previous grant of administration.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":280754,"text":"The court or clerk shall not grant administration to any person unless satisfied that he is suitable and competent to perform the duties of his office. The clerk shall require such person to sign under oath that such person is not under a disability as defined in &#xA7; 8.01-2 or, regardless of whether his civil rights have been restored, has not been convicted of a felony offense of (i) fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering. However, if the person convicted of such felony offense is the sole distributee of the estate, then the court or clerk may grant administration to such person if he is otherwise suitable and competent to perform the duties of his office.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":280755,"text":"If any beneficiary of the estate objects, a spouse or parent who has been barred from all interest in the estate because of desertion or abandonment as provided under &#xA7; 64.2-308 or 64.2-308.17, as applicable, may not serve as an administrator of the estate of the deceased spouse or child.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13927,"edition_id":1,"name":"Appointment and Qualification","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":273381,"object_type":"structure","relational_id":13927,"identifier":"1","token":"64.2\/II\/5\/1","url":"\/64.2\/II\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13926,"edition_id":1,"name":"Personal Representatives and Administration of Estates","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":273379,"object_type":"structure","relational_id":13926,"identifier":"5","token":"64.2\/II\/5","url":"\/64.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","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":83538,"structure_id":13927,"section_number":"64.2-500","catch_line":"Grant of administration with the will annexed","url":"\/64.2-500\/","token":"64.2\/II\/5\/1\/64.2-500","metadata":false},{"id":72031,"structure_id":13927,"section_number":"64.2-501","catch_line":"Oath of executor or administrator with the will annexed","url":"\/64.2-501\/","token":"64.2\/II\/5\/1\/64.2-501","metadata":false},{"id":78326,"structure_id":13927,"section_number":"64.2-502","catch_line":"Grant of administration of intestate estate","url":"\/64.2-502\/","token":"64.2\/II\/5\/1\/64.2-502","metadata":false},{"id":56753,"structure_id":13927,"section_number":"64.2-503","catch_line":"Oath and bond of administrator of intestate estate","url":"\/64.2-503\/","token":"64.2\/II\/5\/1\/64.2-503","metadata":false},{"id":71470,"structure_id":13927,"section_number":"64.2-504","catch_line":"Bond of executor or administrator","url":"\/64.2-504\/","token":"64.2\/II\/5\/1\/64.2-504","metadata":false},{"id":63177,"structure_id":13927,"section_number":"64.2-505","catch_line":"When security not required","url":"\/64.2-505\/","token":"64.2\/II\/5\/1\/64.2-505","metadata":false},{"id":64524,"structure_id":13927,"section_number":"64.2-506","catch_line":"When letters of administration and order for obtaining probate in due form are required","url":"\/64.2-506\/","token":"64.2\/II\/5\/1\/64.2-506","metadata":false},{"id":54982,"structure_id":13927,"section_number":"64.2-507","catch_line":"Clerks to deliver statement of responsibilities","url":"\/64.2-507\/","token":"64.2\/II\/5\/1\/64.2-507","metadata":false},{"id":81660,"structure_id":13927,"section_number":"64.2-508","catch_line":"Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and reports to be provided to certain parties","url":"\/64.2-508\/","token":"64.2\/II\/5\/1\/64.2-508","metadata":false}],"previous_section":{"id":72031,"structure_id":13927,"section_number":"64.2-501","catch_line":"Oath of executor or administrator with the will annexed","url":"\/64.2-501\/","token":"64.2\/II\/5\/1\/64.2-501","metadata":false},"next_section":{"id":56753,"structure_id":13927,"section_number":"64.2-503","catch_line":"Oath and bond of administrator of intestate estate","url":"\/64.2-503\/","token":"64.2\/II\/5\/1\/64.2-503","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-502\/","history_text":"<p>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 656; in 1978, chapter 483; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0321\">321<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0197\">197<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0724\">724<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0551\">551<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0187\">187<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0269\">269<\/a>.<\/p>","references":[{"id":71864,"section_number":"64.2-2206","catch_line":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","order_by":null,"url":"\/64.2-2206\/"},{"id":68103,"section_number":"64.2-454","catch_line":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","order_by":null,"url":"\/64.2-454\/"}],"refers_to":[{"id":75762,"section_number":"64.2-308","catch_line":"Statutory rights barred by desertion or abandonment","order_by":null,"url":"\/64.2-308\/"},{"id":80426,"section_number":"64.2-308.17","catch_line":"Statutory rights barred by desertion or abandonment","order_by":null,"url":"\/64.2-308.17\/"},{"id":80120,"section_number":"8.01-2","catch_line":"General definitions for this title","order_by":null,"url":"\/8.01-2\/"}],"permalink":{"id":273391,"object_type":"law","relational_id":78326,"identifier":"64.2-502","token":"64.2\/II\/5\/1\/64.2-502","url":"\/64.2-502\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-502\/","token":"64.2\/II\/5\/1\/64.2-502","dublin_core":{"Title":"Grant of administration of intestate estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-502","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">court<\/span> or the clerk who would have <span class=\"dictionary\">jurisdiction<\/span> as to the probate of a <span class=\"dictionary\">will<\/span>, if there were a <span class=\"dictionary\">will<\/span>, has <span class=\"dictionary\">jurisdiction<\/span> to hear and determine the right of administration of the estate in the case of a person dying intestate. Administration shall be granted as follows: <a id=\"paragraph-280747\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> During the first 30 days following the decedent&#8217;s death, the <span class=\"dictionary\">court<\/span> or the clerk may grant administration to a sole distributee, or his designee, or in the absence of a sole distributee, to any distributee, or his designee, who presents written <span class=\"dictionary\">waivers<\/span> of the right to qualify from all other competent distributees. <a id=\"paragraph-280748\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> After 30 days have passed since the decedent&#8217;s death, the <span class=\"dictionary\">court<\/span> or the clerk may grant administration to the first distributee, or his designee, who applies, provided, that if, during the first 30 days following the decedent&#8217;s death, more than one distributee notifies the <span class=\"dictionary\">court<\/span> or the clerk of an <span class=\"dictionary\">intent<\/span> to qualify after the 30-day period has elapsed, the <span class=\"dictionary\">court<\/span> or the clerk shall not grant administration to any distributee, or his designee, until the <span class=\"dictionary\">court<\/span> or the clerk has given all such distributees an opportunity to be heard. <a id=\"paragraph-280749\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> After 45 days have passed since the decedent&#8217;s death, the <span class=\"dictionary\">court<\/span> or the clerk may grant administration to any nonprofit charitable organization that operated as a conservator or guardian for the decedent at the time of his death if such organization certifies that it has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of its intention to apply for administration at least 30 days before such application, or, that it has not been able to find any address for such distributee. However, if, during the first 45 days following the decedent&#8217;s death, any distributee notifies the <span class=\"dictionary\">court<\/span> or the clerk of an <span class=\"dictionary\">intent<\/span> to qualify after the 45-day period has elapsed, the <span class=\"dictionary\">court<\/span> or the clerk shall not grant administration to any such organization until the <span class=\"dictionary\">court<\/span> or the clerk has given all such distributees an opportunity to be heard. Qualification of such nonprofit charitable organization is not subject to challenge on account of the failure to make the certification required by this subdivision. <a id=\"paragraph-280750\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> After 60 days have passed since the decedent&#8217;s death, the <span class=\"dictionary\">court<\/span> or the clerk may grant administration to one or more of the <span class=\"dictionary\">creditors<\/span> or to any other person, provided such <span class=\"dictionary\">creditor<\/span> or person other than a distributee certifies that he has made a diligent search to find an address for any sole distributee and has sent notice by certified mail to the last known address of any such distributee of his intention to apply for administration at least 30 days before such application, or that he has not been able to find any address for such distributee. Qualification of a <span class=\"dictionary\">creditor<\/span> or person other than a distributee is not subject to challenge on account of the failure to make the certification required by this subdivision. <a id=\"paragraph-280751\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> When granting administration, if the <span class=\"dictionary\">court<\/span> determines that it is in the best interests of a decedent&#8217;s estate, the <span class=\"dictionary\">court<\/span> may depart from the provisions of this section at any time and grant administration to such person as the <span class=\"dictionary\">court<\/span> deems appropriate. <a id=\"paragraph-280752\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">court<\/span> or clerk may admit to probate a <span class=\"dictionary\">will<\/span> of the decedent after a grant of administration. If administration has been granted to a <span class=\"dictionary\">creditor<\/span> or person other than a distributee, the <span class=\"dictionary\">court<\/span> or clerk may grant administration to a distributee who applies for administration and who has not previously been refused administration after reasonable notice has been given to such <span class=\"dictionary\">creditor<\/span> or other person previously granted administration. Admission of a <span class=\"dictionary\">will<\/span> to probate or the grant of administration pursuant to this subsection terminates any previous grant of administration. <a id=\"paragraph-280753\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">court<\/span> or clerk shall not grant administration to any person unless satisfied that he is suitable and competent to perform the duties of his office. The clerk shall require such person to sign under <span class=\"dictionary\">oath<\/span> that such person is not under a disability as defined in &#xA7; <a class=\"law\" title=\"General definitions for this title\" href=\"\/8.01-2\/\">8.01-2<\/a> or, regardless of whether his civil rights have been restored, has not been convicted of a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> of (i) <span class=\"dictionary\">fraud<\/span> or misrepresentation or (ii) <span class=\"dictionary\">robbery<\/span>, extortion, <span class=\"dictionary\">burglary<\/span>, <span class=\"dictionary\">larceny<\/span>, <span class=\"dictionary\">embezzlement<\/span>, fraudulent conversion, <span class=\"dictionary\">perjury<\/span>, bribery, treason, or racketeering. However, if the person convicted of such <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> is the sole distributee of the estate, then the <span class=\"dictionary\">court<\/span> or clerk may grant administration to such person if he is otherwise suitable and competent to perform the duties of his office. <a id=\"paragraph-280754\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If any beneficiary of the estate <span class=\"dictionary\">objects<\/span>, a spouse or parent who has been barred from all interest in the estate because of desertion or abandonment as provided under &#xA7; <a class=\"law\" title=\"Statutory rights barred by desertion or abandonment\" href=\"\/64.2-308\/\">64.2-308<\/a> or <a class=\"law\" title=\"Statutory rights barred by desertion or abandonment\" href=\"\/64.2-308.17\/\">64.2-308.17<\/a>, as applicable, may not serve as an administrator of the estate of the deceased spouse or child. <a id=\"paragraph-280755\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-502\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nGRANT OF ADMINISTRATION OF INTESTATE ESTATE (\u00a7 64.2-502)\n\nA. The court or the clerk who would have jurisdiction as to the probate of a\nwill, if there were a will, has jurisdiction to hear and determine the right of\nadministration of the estate in the case of a person dying intestate.\nAdministration shall be granted as follows:\n\n   1. During the first 30 days following the decedent&#8217;s death, the court or\n   the clerk may grant administration to a sole distributee, or his designee, or\n   in the absence of a sole distributee, to any distributee, or his designee, who\n   presents written waivers of the right to qualify from all other competent\n   distributees.\n\n   2. After 30 days have passed since the decedent&#8217;s death, the court or\n   the clerk may grant administration to the first distributee, or his designee,\n   who applies, provided, that if, during the first 30 days following the\n   decedent&#8217;s death, more than one distributee notifies the court or the\n   clerk of an intent to qualify after the 30-day period has elapsed, the court\n   or the clerk shall not grant administration to any distributee, or his\n   designee, until the court or the clerk has given all such distributees an\n   opportunity to be heard.\n\n   3. After 45 days have passed since the decedent&#8217;s death, the court or\n   the clerk may grant administration to any nonprofit charitable organization\n   that operated as a conservator or guardian for the decedent at the time of his\n   death if such organization certifies that it has made a diligent search to\n   find an address for any sole distributee and has sent notice by certified mail\n   to the last known address of any such distributee of its intention to apply\n   for administration at least 30 days before such application, or, that it has\n   not been able to find any address for such distributee. However, if, during\n   the first 45 days following the decedent&#8217;s death, any distributee\n   notifies the court or the clerk of an intent to qualify after the 45-day\n   period has elapsed, the court or the clerk shall not grant administration to\n   any such organization until the court or the clerk has given all such\n   distributees an opportunity to be heard. Qualification of such nonprofit\n   charitable organization is not subject to challenge on account of the failure\n   to make the certification required by this subdivision.\n\n   4. After 60 days have passed since the decedent&#8217;s death, the court or\n   the clerk may grant administration to one or more of the creditors or to any\n   other person, provided such creditor or person other than a distributee\n   certifies that he has made a diligent search to find an address for any sole\n   distributee and has sent notice by certified mail to the last known address of\n   any such distributee of his intention to apply for administration at least 30\n   days before such application, or that he has not been able to find any address\n   for such distributee. Qualification of a creditor or person other than a\n   distributee is not subject to challenge on account of the failure to make the\n   certification required by this subdivision.\n\nB. When granting administration, if the court determines that it is in the best\ninterests of a decedent&#8217;s estate, the court may depart from the provisions\nof this section at any time and grant administration to such person as the court\ndeems appropriate.\n\nC. The court or clerk may admit to probate a will of the decedent after a grant\nof administration. If administration has been granted to a creditor or person\nother than a distributee, the court or clerk may grant administration to a\ndistributee who applies for administration and who has not previously been\nrefused administration after reasonable notice has been given to such creditor\nor other person previously granted administration. Admission of a will to\nprobate or the grant of administration pursuant to this subsection terminates\nany previous grant of administration.\n\nD. The court or clerk shall not grant administration to any person unless\nsatisfied that he is suitable and competent to perform the duties of his office.\nThe clerk shall require such person to sign under oath that such person is not\nunder a disability as defined in &#xA7; 8.01-2 or, regardless of whether his\ncivil rights have been restored, has not been convicted of a felony offense of\n(i) fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny,\nembezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering.\nHowever, if the person convicted of such felony offense is the sole distributee\nof the estate, then the court or clerk may grant administration to such person\nif he is otherwise suitable and competent to perform the duties of his office.\n\nE. If any beneficiary of the estate objects, a spouse or parent who has been\nbarred from all interest in the estate because of desertion or abandonment as\nprovided under &#xA7; 64.2-308 or 64.2-308.17, as applicable, may not serve as\nan administrator of the estate of the deceased spouse or child.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-114, 64-115; 1968, c. 656, \u00a7\u00a7 64.1-118, 64.1-119;\n1978, c. 483; 2000, c. 321; 2002, c. 197; 2006, c. 724; 2012, c. 614; 2015, c.\n551; 2016, cc. 187, 269.","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}}