{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-610.html"}],"law_id":67401,"edition_id":1,"section_id":67401,"structure_id":16370,"section_number":"64.2-610","catch_line":"When court may allow another to qualify on estate","history":"Code 1950, \u00a7 64-124; 1968, c. 656, \u00a7 64.1-131; 1971, Ex. Sess., c. 155; 1980, c. 438; 1996, c. 317; 2012, c. 614.","full_text":"A\n\nExcept during the pendency of a suit to contest the decedent’s will or during the infancy or absence of the executor, the court where the will was admitted to probate or that has jurisdiction to grant administration on the decedent’s estate, or the clerk of such court, shall, if there has been no executor or administrator on the decedent’s estate for more than two months and on the motion of any person, order any person of the county or city to take into his possession the estate of such decedent and administer the same after requiring such person post a proper bond. However, any sheriff so ordered may decline the appointment if the appointment interferes with his current duties or obligations. The person ordered to take possession of the decedent’s estate shall be the administrator, or administrator de bonis non, of the decedent, with his will annexed, if there be a will, and shall be entitled to all the rights and bound to perform all the duties of such administrator.B\n\nThe court may, on reasonable notice to the person appointed, revoke the order made by it or its clerk and the court may, after reasonable notice to the parties in interest, permit the person to resign and allow any other person to qualify as executor or administrator.C\n\nWhen an estate is committed to a person pursuant to subsection A on the motion of a creditor or other person, the state tax due for such administration shall be paid by the party who made the motion and such tax shall be repaid to him by the administrator so appointed out of the first funds received by him for such estate.","order_by":null,"text":{"0":{"id":244213,"text":"Except during the pendency of a suit to contest the decedent’s will or during the infancy or absence of the executor, the court where the will was admitted to probate or that has jurisdiction to grant administration on the decedent’s estate, or the clerk of such court, shall, if there has been no executor or administrator on the decedent’s estate for more than two months and on the motion of any person, order any person of the county or city to take into his possession the estate of such decedent and administer the same after requiring such person post a proper bond. However, any sheriff so ordered may decline the appointment if the appointment interferes with his current duties or obligations. The person ordered to take possession of the decedent’s estate shall be the administrator, or administrator de bonis non, of the decedent, with his will annexed, if there be a will, and shall be entitled to all the rights and bound to perform all the duties of such administrator.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244214,"text":"The court may, on reasonable notice to the person appointed, revoke the order made by it or its clerk and the court may, after reasonable notice to the parties in interest, permit the person to resign and allow any other person to qualify as executor or administrator.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244215,"text":"When an estate is committed to a person pursuant to subsection A on the motion of a creditor or other person, the state tax due for such administration shall be paid by the party who made the motion and such tax shall be repaid to him by the administrator so appointed out of the first funds received by him for such estate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16370,"edition_id":1,"name":"Payments, Settlements, or Administration Without Appointment of Representative","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12970,"metadata":{},"date_created":"2026-06-26 04:15:24","date_modified":"2026-06-26 04:15:24","permalink":{"id":273671,"object_type":"structure","relational_id":16370,"identifier":"2","token":"64.2\/II\/6\/2","url":"\/64.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12970,"edition_id":1,"name":"Transfers Without Qualification","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273643,"object_type":"structure","relational_id":12970,"identifier":"6","token":"64.2\/II\/6","url":"\/64.2\/II\/6\/","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":73255,"structure_id":16370,"section_number":"64.2-606","catch_line":"Transfer of certain vessels registered with U.S. Coast Guard and transfer of motor vehicles","url":"\/64.2-606\/","token":"64.2\/II\/6\/2\/64.2-606","metadata":false},{"id":73939,"structure_id":16370,"section_number":"64.2-607","catch_line":"Transfer of evidences of indebtedness, securities, and stock held in decedents' estates","url":"\/64.2-607\/","token":"64.2\/II\/6\/2\/64.2-607","metadata":false},{"id":79740,"structure_id":16370,"section_number":"64.2-608","catch_line":"Transfer of securities of nonresident decedents","url":"\/64.2-608\/","token":"64.2\/II\/6\/2\/64.2-608","metadata":false},{"id":76699,"structure_id":16370,"section_number":"64.2-609","catch_line":"Money and personal property belonging to nonresident decedents","url":"\/64.2-609\/","token":"64.2\/II\/6\/2\/64.2-609","metadata":false},{"id":67401,"structure_id":16370,"section_number":"64.2-610","catch_line":"When court may allow another to qualify on estate","url":"\/64.2-610\/","token":"64.2\/II\/6\/2\/64.2-610","metadata":false},{"id":73689,"structure_id":16370,"section_number":"64.2-611","catch_line":"Disposition by sheriff of property when no person entitled thereto","url":"\/64.2-611\/","token":"64.2\/II\/6\/2\/64.2-611","metadata":false}],"previous_section":{"id":76699,"structure_id":16370,"section_number":"64.2-609","catch_line":"Money and personal property belonging to nonresident decedents","url":"\/64.2-609\/","token":"64.2\/II\/6\/2\/64.2-609","metadata":false},"next_section":{"id":73689,"structure_id":16370,"section_number":"64.2-611","catch_line":"Disposition by sheriff of property when no person entitled thereto","url":"\/64.2-611\/","token":"64.2\/II\/6\/2\/64.2-611","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-610\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1980, chapter 438; in 1996, chapter 317<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":54799,"section_number":"58.1-1716","catch_line":"Estates committed to court-appointed administrator","order_by":null,"url":"\/58.1-1716\/"}],"refers_to":false,"permalink":{"id":273689,"object_type":"law","relational_id":67401,"identifier":"64.2-610","token":"64.2\/II\/6\/2\/64.2-610","url":"\/64.2-610\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-610\/","token":"64.2\/II\/6\/2\/64.2-610","dublin_core":{"Title":"When court may allow another to qualify on estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except during the pendency of a suit to contest the decedent’s will<\/span> or during the infancy or absence of the executor, the court<\/span> where the will<\/span> was admitted to probate or that has jurisdiction<\/span> to grant administration on the decedent’s estate, or the clerk of such court<\/span>, shall, if there has been no executor or administrator on the decedent’s estate for more than two months and on the motion<\/span> of any person, order<\/span> any person of the county or city to take into his possession<\/span> the estate of such decedent and administer the same after requiring such person post a proper bond<\/span>. However, any sheriff so ordered may decline the appointment if the appointment interferes with his current duties or obligations. The person ordered to take possession<\/span> of the decedent’s estate shall be the administrator, or administrator de bonis non, of the decedent, with his will<\/span> annexed, if there be a will<\/span>, and shall be entitled to all the rights and bound to perform all the duties of such administrator. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may, on reasonable notice to the person appointed, revoke the order<\/span> made by it or its clerk and the court<\/span> may, after reasonable notice to the parties in interest, permit the person to resign and allow any other person to qualify as executor or administrator. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When an estate is committed to a person pursuant to subsection A on the motion<\/span> of a creditor<\/span> or other person, the state tax due for such administration shall be paid by the party<\/span> who made the motion<\/span> and such tax shall be repaid to him by the administrator so appointed out of the first funds received by him for such estate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COURT MAY ALLOW ANOTHER TO QUALIFY ON ESTATE (\u00a7 64.2-610)\n\nA. Except during the pendency of a suit to contest the decedent’s will or\nduring the infancy or absence of the executor, the court where the will was\nadmitted to probate or that has jurisdiction to grant administration on the\ndecedent’s estate, or the clerk of such court, shall, if there has been no\nexecutor or administrator on the decedent’s estate for more than two\nmonths and on the motion of any person, order any person of the county or city\nto take into his possession the estate of such decedent and administer the same\nafter requiring such person post a proper bond. However, any sheriff so ordered\nmay decline the appointment if the appointment interferes with his current\nduties or obligations. The person ordered to take possession of the\ndecedent’s estate shall be the administrator, or administrator de bonis\nnon, of the decedent, with his will annexed, if there be a will, and shall be\nentitled to all the rights and bound to perform all the duties of such\nadministrator.\n\nB. The court may, on reasonable notice to the person appointed, revoke the order\nmade by it or its clerk and the court may, after reasonable notice to the\nparties in interest, permit the person to resign and allow any other person to\nqualify as executor or administrator.\n\nC. When an estate is committed to a person pursuant to subsection A on the\nmotion of a creditor or other person, the state tax due for such administration\nshall be paid by the party who made the motion and such tax shall be repaid to\nhim by the administrator so appointed out of the first funds received by him for\nsuch estate.\n\nHISTORY: Code 1950, \u00a7 64-124; 1968, c. 656, \u00a7 64.1-131; 1971, Ex. Sess., c.\n155; 1980, c. 438; 1996, c. 317; 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}}