{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-505.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-505.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-505.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-505.html"}],"law_id":63177,"edition_id":1,"section_id":63177,"structure_id":13927,"section_number":"64.2-505","catch_line":"When security not required","history":"Code 1950, \u00a7 64-117; 1966, c. 325; 1968, c. 656, \u00a7 64.1-121; 1970, c. 426; 1974, c. 140; 1977, c. 144; 1994, c. 393; 1996, c. 57; 2012, c. 614; 2014, c. 291; 2015, c. 631.","full_text":"A\n\nThe court or clerk shall require a personal representative to furnish security. However, the court or clerk shall not require a personal representative to furnish security if:1\n\nAll distributees of a decedent’s estate or all beneficiaries under the decedent’s will are personal representatives of that decedent’s estate, whether serving alone or with others who are not distributees or beneficiaries; however, if all personal representatives of a testate decedent are entitled to file a statement in lieu of an accounting under § 64.2-1314, the security shall be required only upon the portion of their bond given in connection with the property passing to beneficiaries who are not personal representatives; or2\n\nThe will waives security of an executor nominated therein.B\n\nNotwithstanding subsection A, upon the motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the court or clerk may require the personal representative to furnish security. A copy of such motion shall be served upon the personal representative. The court shall conduct a hearing on the motion and may require the personal representative to furnish security in an amount it deems sufficient and may award the movant reasonable attorney fees and costs which shall be paid out of the estate.C\n\nThis section shall be deemed to permit qualification without security where the personal representative is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative’s qualification.","order_by":null,"text":{"0":{"id":230363,"text":"The court or clerk shall require a personal representative to furnish security. However, the court or clerk shall not require a personal representative to furnish security if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":230364,"text":"All distributees of a decedent’s estate or all beneficiaries under the decedent’s will are personal representatives of that decedent’s estate, whether serving alone or with others who are not distributees or beneficiaries; however, if all personal representatives of a testate decedent are entitled to file a statement in lieu of an accounting under § 64.2-1314, the security shall be required only upon the portion of their bond given in connection with the property passing to beneficiaries who are not personal representatives; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":230365,"text":"The will waives security of an executor nominated therein.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":230366,"text":"Notwithstanding subsection A, upon the motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the court or clerk may require the personal representative to furnish security. A copy of such motion shall be served upon the personal representative. The court shall conduct a hearing on the motion and may require the personal representative to furnish security in an amount it deems sufficient and may award the movant reasonable attorney fees and costs which shall be paid out of the estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":230367,"text":"This section shall be deemed to permit qualification without security where the personal representative is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative’s qualification.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-505\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1966, chapter 325; in 1968, chapter 656; in 1970, chapter 426; in 1974, chapter 140; in 1977, chapter 144; in 1994, chapter 393<\/a>; in 1996, chapter 57<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 291<\/a>; in 2015, chapter 631<\/a>.<\/p>","references":[{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"}],"refers_to":[{"id":76384,"section_number":"64.2-1314","catch_line":"Statement in lieu of settlement of accounts by personal representatives in certain circumstances","order_by":null,"url":"\/64.2-1314\/"}],"permalink":{"id":273403,"object_type":"law","relational_id":63177,"identifier":"64.2-505","token":"64.2\/II\/5\/1\/64.2-505","url":"\/64.2-505\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-505\/","token":"64.2\/II\/5\/1\/64.2-505","dublin_core":{"Title":"When security not required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-505","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span> or clerk shall require a personal representative<\/span> to furnish security. However, the court<\/span> or clerk shall not require a personal representative<\/span> to furnish security if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All distributees of a decedent’s estate or all beneficiaries under the decedent’s will<\/span> are personal representatives<\/span> of that decedent’s estate, whether serving alone or with others who are not distributees or beneficiaries; however, if all personal representatives<\/span> of a testate decedent are entitled to file a statement in lieu of an accounting under § 64.2-1314<\/a>, the security shall be required only upon the portion of their bond<\/span> given in connection with the property passing to beneficiaries who are not personal representatives<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The will<\/span> waives<\/span> security of an executor nominated therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding subsection A, upon the motion<\/span> of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the court<\/span> or clerk may require the personal representative<\/span> to furnish security. A copy of such motion<\/span> shall be served upon the personal representative<\/span>. The court<\/span> shall conduct a hearing<\/span> on the motion<\/span> and may require the personal representative<\/span> to furnish security in an amount it deems sufficient and may award the movant reasonable attorney fees and costs which shall be paid out of the estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall be deemed to permit qualification without security where the personal representative<\/span> is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative<\/span>’s qualification. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN SECURITY NOT REQUIRED (\u00a7 64.2-505)\n\nA. The court or clerk shall require a personal representative to furnish\nsecurity. However, the court or clerk shall not require a personal\nrepresentative to furnish security if:\n\n 1. All distributees of a decedent’s estate or all beneficiaries under\n the decedent’s will are personal representatives of that\n decedent’s estate, whether serving alone or with others who are not\n distributees or beneficiaries; however, if all personal representatives of a\n testate decedent are entitled to file a statement in lieu of an accounting\n under § 64.2-1314, the security shall be required only upon the portion\n of their bond given in connection with the property passing to beneficiaries\n who are not personal representatives; or\n\n 2. The will waives security of an executor nominated therein.\n\nB. Notwithstanding subsection A, upon the motion of a legatee, devisee, or\ndistributee of an estate, or any person who has a pecuniary interest in an\nestate, the court or clerk may require the personal representative to furnish\nsecurity. A copy of such motion shall be served upon the personal\nrepresentative. The court shall conduct a hearing on the motion and may require\nthe personal representative to furnish security in an amount it deems sufficient\nand may award the movant reasonable attorney fees and costs which shall be paid\nout of the estate.\n\nC. This section shall be deemed to permit qualification without security where\nthe personal representative is the only distributee or only beneficiary by\nvirtue of one or more instruments of disclaimer filed prior to, or at the time\nof, such personal representative’s qualification.\n\nHISTORY: Code 1950, \u00a7 64-117; 1966, c. 325; 1968, c. 656, \u00a7 64.1-121; 1970, c.\n426; 1974, c. 140; 1977, c. 144; 1994, c. 393; 1996, c. 57; 2012, c. 614; 2014,\nc. 291; 2015, c. 631.","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}}