{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-517.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-517.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-517.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-517.html"}],"law_id":71475,"edition_id":1,"section_id":71475,"structure_id":14193,"section_number":"64.2-517","catch_line":"Exercise of discretionary powers by surviving executors or administrators with the will annexed","history":"Code 1950, \u00a7 64-132; 1968, c. 656, \u00a7 64.1-142; 2012, c. 614.","full_text":"A\n\nWhen discretionary powers are conferred upon the executors under any will and some, but not all, of the executors die, resign, or become incapable of acting, the executors or executor remaining shall continue to exercise the discretionary powers conferred by the will, unless the will expressly provides that the discretionary powers cannot be exercised by fewer than all of the original executors named in the will.B\n\nWhen discretionary powers are conferred upon the executors under any will and all of the executors or the sole executor if only one is named in the will dies, resigns, or becomes incapable of acting, the administrator with the will annexed appointed by the court shall exercise the discretionary powers conferred by the will upon the original executors or executor, unless the will expressly provides that the discretionary powers can only be exercised by the executors or executor named in the will.","order_by":null,"text":{"0":{"id":257638,"text":"When discretionary powers are conferred upon the executors under any will and some, but not all, of the executors die, resign, or become incapable of acting, the executors or executor remaining shall continue to exercise the discretionary powers conferred by the will, unless the will expressly provides that the discretionary powers cannot be exercised by fewer than all of the original executors named in the will.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257639,"text":"When discretionary powers are conferred upon the executors under any will and all of the executors or the sole executor if only one is named in the will dies, resigns, or becomes incapable of acting, the administrator with the will annexed appointed by the court shall exercise the discretionary powers conferred by the will upon the original executors or executor, unless the will expressly provides that the discretionary powers can only be exercised by the executors or executor named in the will.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14193,"edition_id":1,"name":"Authority and General 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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":56414,"structure_id":14193,"section_number":"64.2-511","catch_line":"Powers of executor before qualification","url":"\/64.2-511\/","token":"64.2\/II\/5\/3\/64.2-511","metadata":false},{"id":65964,"structure_id":14193,"section_number":"64.2-512","catch_line":"Funeral expenses","url":"\/64.2-512\/","token":"64.2\/II\/5\/3\/64.2-512","metadata":false},{"id":78875,"structure_id":14193,"section_number":"64.2-513","catch_line":"Effect of death, resignation, or removal of sole executor","url":"\/64.2-513\/","token":"64.2\/II\/5\/3\/64.2-513","metadata":false},{"id":57293,"structure_id":14193,"section_number":"64.2-514","catch_line":"Duty of every personal representative","url":"\/64.2-514\/","token":"64.2\/II\/5\/3\/64.2-514","metadata":false},{"id":72263,"structure_id":14193,"section_number":"64.2-515","catch_line":"Duty of fiduciaries as to joint accounts","url":"\/64.2-515\/","token":"64.2\/II\/5\/3\/64.2-515","metadata":false},{"id":78743,"structure_id":14193,"section_number":"64.2-516","catch_line":"Duties of fiduciaries as to certain obligations of the United States","url":"\/64.2-516\/","token":"64.2\/II\/5\/3\/64.2-516","metadata":false},{"id":71475,"structure_id":14193,"section_number":"64.2-517","catch_line":"Exercise of discretionary powers by surviving executors or administrators with the will annexed","url":"\/64.2-517\/","token":"64.2\/II\/5\/3\/64.2-517","metadata":false},{"id":72493,"structure_id":14193,"section_number":"64.2-518","catch_line":"When personal representative may renew obligation of decedent","url":"\/64.2-518\/","token":"64.2\/II\/5\/3\/64.2-518","metadata":false},{"id":83941,"structure_id":14193,"section_number":"64.2-519","catch_line":"Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death","url":"\/64.2-519\/","token":"64.2\/II\/5\/3\/64.2-519","metadata":false},{"id":59273,"structure_id":14193,"section_number":"64.2-520","catch_line":"Action for goods carried away, or for waste, destruction of, or damage to estate of decedent","url":"\/64.2-520\/","token":"64.2\/II\/5\/3\/64.2-520","metadata":false},{"id":84389,"structure_id":14193,"section_number":"64.2-520.1","catch_line":"Legal duty; action for damages from legal malpractice concerning estate planning; third parties","url":"\/64.2-520.1\/","token":"64.2\/II\/5\/3\/64.2-520.1","metadata":false},{"id":55378,"structure_id":14193,"section_number":"64.2-520.2","catch_line":"Reliance on certificate of qualification of a personal representative","url":"\/64.2-520.2\/","token":"64.2\/II\/5\/3\/64.2-520.2","metadata":false}],"previous_section":{"id":78743,"structure_id":14193,"section_number":"64.2-516","catch_line":"Duties of fiduciaries as to certain obligations of the United States","url":"\/64.2-516\/","token":"64.2\/II\/5\/3\/64.2-516","metadata":false},"next_section":{"id":72493,"structure_id":14193,"section_number":"64.2-518","catch_line":"When personal representative may renew obligation of decedent","url":"\/64.2-518\/","token":"64.2\/II\/5\/3\/64.2-518","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-517\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":273455,"object_type":"law","relational_id":71475,"identifier":"64.2-517","token":"64.2\/II\/5\/3\/64.2-517","url":"\/64.2-517\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-517\/","token":"64.2\/II\/5\/3\/64.2-517","dublin_core":{"Title":"Exercise of discretionary powers by surviving executors or administrators with the will annexed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-517","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When discretionary powers are conferred upon the executors under any will<\/span> and some, but not all, of the executors die, resign, or become incapable of acting, the executors or executor remaining shall continue to exercise the discretionary powers conferred by the will<\/span>, unless the will<\/span> expressly provides that the discretionary powers cannot be exercised by fewer than all of the original executors named in the will<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When discretionary powers are conferred upon the executors under any will<\/span> and all of the executors or the sole executor if only one is named in the will<\/span> dies, resigns, or becomes incapable of acting, the administrator with the will<\/span> annexed appointed by the court<\/span> shall exercise the discretionary powers conferred by the will<\/span> upon the original executors or executor, unless the will<\/span> expressly provides that the discretionary powers can only be exercised by the executors or executor named in the will<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXERCISE OF DISCRETIONARY POWERS BY SURVIVING EXECUTORS OR ADMINISTRATORS WITH\nTHE WILL ANNEXED (\u00a7 64.2-517)\n\nA. When discretionary powers are conferred upon the executors under any will and\nsome, but not all, of the executors die, resign, or become incapable of acting,\nthe executors or executor remaining shall continue to exercise the discretionary\npowers conferred by the will, unless the will expressly provides that the\ndiscretionary powers cannot be exercised by fewer than all of the original\nexecutors named in the will.\n\nB. When discretionary powers are conferred upon the executors under any will and\nall of the executors or the sole executor if only one is named in the will dies,\nresigns, or becomes incapable of acting, the administrator with the will annexed\nappointed by the court shall exercise the discretionary powers conferred by the\nwill upon the original executors or executor, unless the will expressly provides\nthat the discretionary powers can only be exercised by the executors or executor\nnamed in the will.\n\nHISTORY: Code 1950, \u00a7 64-132; 1968, c. 656, \u00a7 64.1-142; 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}}