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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80372</law_id><section_number>64.2-1427</section_number><catch_line>How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>64.2-1429</reference><reference>64.2-1431</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="64.2">Wills, Trusts, and Fiduciaries</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Fiduciaries and Guardians</unit><unit label="part" level="3" order_by="1" identifier="A">Fiduciaries</unit><unit label="chapter" level="4" order_by="1" identifier="14">Fiduciaries Generally</unit><unit label="article" level="5" order_by="1" identifier="2">Nonresident Trustees</unit></structure><text>
						<section><p>When any nonresident infant or incapacitated person is entitled to property or money in the Commonwealth, a <span class="dictionary">petition</span> to remove the property or money to the domicile of the infant or incapacitated person may be filed by his guardian, conservator, committee, or other <span class="dictionary">fiduciary</span> lawfully appointed and qualified in the state or country of his residence, in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city in which the property or money, or some part thereof, is located. If entitlement to the property or money was acquired other than by a <span class="dictionary">will</span> or was acquired by a <span class="dictionary">will</span> that restricts the transfer out of the Commonwealth, the infant or incapacitated person, and the guardian of the infant or the conservator or other <span class="dictionary">fiduciary</span> of the incapacitated person appointed in the Commonwealth, if there is one, shall be made a <span class="dictionary">party</span> <span class="dictionary">defendant</span> to this <span class="dictionary">petition</span>. The <span class="dictionary">court</span> shall appoint a <span class="dictionary">guardian ad litem</span> for the infant or incapacitated person who, as well as the conservator or other <span class="dictionary">fiduciary</span>, if there is one, shall answer the <span class="dictionary">petition</span> on <span class="dictionary">oath</span>. Upon a <span class="dictionary">hearing</span> of the case on its merits, or upon the <span class="dictionary">petition</span> without <span class="dictionary">hearing</span> if entitlement to the property or money was acquired by a <span class="dictionary">will</span> that does not restrict the transfer out of the Commonwealth, the <span class="dictionary">court</span> may <span class="dictionary">order</span> the <span class="dictionary">fiduciary</span> to pay and deliver to the foreign guardian, conservator, committee, or <span class="dictionary">fiduciary</span>, or his agent or attorney, all personal property and money in his <span class="dictionary">possession</span> belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee, or <span class="dictionary">fiduciary</span> to sue for, recover, and receive all money and personal property, including the accruing rents of his real estate, that belongs to the infant or incapacitated person in the same manner as if he were appointed a guardian, conservator, committee, or <span class="dictionary">fiduciary</span> of the infant or incapacitated person in the Commonwealth, and to remove the money and personal property to the state or country in which the foreign <span class="dictionary">fiduciary</span> was appointed and qualified.</p></section></text><history>Code 1919, &#xA7; 5350; Code 1950, &#xA7; 26-60; 1968, c. 399; 1983, c. 487; 1997, c. 801; 2012, c. 614.</history><metadata></metadata></law>
