<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80415</law_id><section_number>8.01-606</section_number><catch_line>Payment of small amounts to certain persons through court without intervention of fiduciary; authority of commissioners of accounts; certain fiduciaries exempt from accountings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>63.2-320</reference><reference>8.01-424</reference><reference>8.01-76</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="22">Receivers, General and Special</unit><unit label="article" level="3" order_by="1" identifier="3">General Provisions for Moneys Under Control of Court</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Whenever there is due to any <span class="dictionary">person</span>, any sum of money from any source, not exceeding $50,000, the fund may be paid into the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city in which the fund became due or such <span class="dictionary">person</span> resides. The <span class="dictionary">court</span> may, by an <span class="dictionary">order</span> entered of record, (i) pay the fund to the <span class="dictionary">person</span> to whom it is due, if the <span class="dictionary">person</span> is considered by the <span class="dictionary">court</span> competent to expend and use the same in his behalf, or (ii) pay the fund to some other <span class="dictionary">person</span> who is considered competent to administer it, for the benefit of the <span class="dictionary">person</span> entitled to the fund, without the intervention of a <span class="dictionary">fiduciary</span>, whether the other <span class="dictionary">person</span> resides within or without this Commonwealth. The clerk of the <span class="dictionary">court</span> shall take a receipt from the <span class="dictionary">person</span> to whom the money is paid, which shall show the source from which it was derived, the amount, to whom it belongs, and when and to whom it was paid. The receipt shall be signed and acknowledged by the <span class="dictionary">person</span> receiving the money, and entered of record in the book in the clerk&#x2019;s office in which the current <span class="dictionary">fiduciary</span> accounts are entered and indexed. Upon the payment into <span class="dictionary">court</span> the <span class="dictionary">person</span> owing the money shall be discharged of such obligation. No <span class="dictionary">bond</span> shall be required of the <span class="dictionary">party</span> to whom the money is paid by the <span class="dictionary">court</span>. <a id="paragraph-288056" class="section-permalink" href="https://vacode.org/8.01-606/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Whenever (i) it appears to the <span class="dictionary">court</span> having control of a fund, tangible personal property or intangible personal property or supervision of its administration, whether a <span class="dictionary">suit</span> is pending therefor or not, that a <span class="dictionary">person</span> under a disability who has no <span class="dictionary">fiduciary</span>, is entitled to a fund arising from the sale of lands for a division or otherwise, or a fund, tangible personal property or intangible personal property as distributee of any estate, or from any other source, (ii) a <span class="dictionary">judgment</span>, <span class="dictionary">decree</span>, or <span class="dictionary">order</span> for the payment of a sum of money or for delivery of tangible personal property or intangible personal property to a <span class="dictionary">person</span> under a disability who has no <span class="dictionary">fiduciary</span> is rendered by any <span class="dictionary">court</span>, and the amount to which such <span class="dictionary">person</span> is entitled or the value of the tangible personal property or intangible personal property is not more than $50,000, or (iii) a <span class="dictionary">person</span> under a disability is entitled to receive payments of income, tangible personal property or intangible personal property and the amount of the income payments is not more than $50,000 in any one year, or the value of the tangible personal property is not more than $50,000, or the current market value of the intangible personal property is not more than $50,000, the <span class="dictionary">court</span> may, without the intervention of a <span class="dictionary">fiduciary</span>, cause such fund, property or income to be paid or delivered to any <span class="dictionary">person</span> deemed by the <span class="dictionary">court</span> capable of properly handling it, to be used solely for the education, maintenance and support of the <span class="dictionary">person</span> under a disability. In any case in which an infant is entitled to such fund, property or income, the <span class="dictionary">court</span> may, upon its being made to appear that the infant is of sufficient age and discretion to use the fund, property or income judiciously, cause the fund to be paid or delivered directly to the infant. <a id="paragraph-288057" class="section-permalink" href="https://vacode.org/8.01-606/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Where <span class="dictionary">judgment</span> is taken in the general district <span class="dictionary">court</span>, upon <span class="dictionary">motion</span> of a <span class="dictionary">party</span> for good cause shown, the general district <span class="dictionary">court</span> <span class="dictionary">judge</span> may enter an <span class="dictionary">order</span> directing the clerk of the general district <span class="dictionary">court</span> to hold such funds in escrow for a period not to exceed 180 days to enable such <span class="dictionary">party</span> to file a <span class="dictionary">petition</span> pursuant to &#xA7; <a class="law" title="How money under control of court deposited; record kept; liability of clerk" href="/8.01-600/">8.01-600</a> requesting that such funds be received and held by the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> upon payment of fees in accordance with &#xA7; <a class="law" title="Fees collected by clerks of circuit courts; generally" href="/17.1-275/">17.1-275</a>. The <span class="dictionary">party</span> petitioning the <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall provide the clerk of the general district <span class="dictionary">court</span> a certified copy of any <span class="dictionary">order</span> entered by the <span class="dictionary">circuit</span> <span class="dictionary">court</span> directing that such funds held by the clerk of the general district <span class="dictionary">court</span> be transferred to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span>. If no such <span class="dictionary">order</span> is received by the clerk of the general district <span class="dictionary">court</span> within the 180-day period, the clerk of the general district <span class="dictionary">court</span> shall give notice to the parties that such funds shall be disbursed to the <span class="dictionary">plaintiff</span> for which <span class="dictionary">judgment</span> was entered in the general district <span class="dictionary">court</span> within 30 days after such notice. <a id="paragraph-288058" class="section-permalink" href="https://vacode.org/8.01-606/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Whenever a <span class="dictionary">person</span> is entitled to a fund or such property distributable by a <span class="dictionary">fiduciary</span> settling his accounts before the commissioner of accounts of the <span class="dictionary">court</span> in which the <span class="dictionary">fiduciary</span> qualified, and the amount or value of the fund or property, or the value of any combination thereof, is not more than $50,000, the commissioner of accounts may approve distribution thereof in the same manner and to the extent of the authority herein conferred upon a <span class="dictionary">court</span> including exemption from filing further accounts where the value of the fund being administered is less than $50,000. <a id="paragraph-288059" class="section-permalink" href="https://vacode.org/8.01-606/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Whenever an incapacitated <span class="dictionary">person</span> or infant is entitled to a fund or such property distributable by a <span class="dictionary">fiduciary</span> settling accounts before the commissioner of accounts of the <span class="dictionary">court</span> in which the <span class="dictionary">fiduciary</span> qualified and the will or trust instrument under which the <span class="dictionary">fiduciary</span> serves, authorizes the <span class="dictionary">fiduciary</span> to distribute the property or fund to the incapacitated <span class="dictionary">person</span> or infant without the intervention of a guardian, conservator or committee, and the amount or value of such fund or property, or the value of any combination thereof, is not more than $50,000, the commissioner of accounts may approve distribution thereof in the same manner and to the extent of the authority hereinabove conferred upon a <span class="dictionary">court</span> or <span class="dictionary">judge</span> thereof. <a id="paragraph-288060" class="section-permalink" href="https://vacode.org/8.01-606/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Whenever a <span class="dictionary">fiduciary</span> is administering funds not exceeding $50,000, the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city in which the fund is being administered by <span class="dictionary">order</span> entered of record may authorize the <span class="dictionary">fiduciary</span>, when considered competent to administer the funds, to continue to administer the funds for the benefit of the <span class="dictionary">person</span> entitled to the fund without the necessity of filing any further accounts, whether such <span class="dictionary">person</span> resides within or without this Commonwealth. The clerk of the <span class="dictionary">court</span> shall take a receipt from the <span class="dictionary">fiduciary</span>, which shall show the amount of the fund remaining, to whom it belongs, and the date the <span class="dictionary">court</span> entered the <span class="dictionary">order</span> exempting the filing of further accounts. The receipt shall be signed and acknowledged by the <span class="dictionary">fiduciary</span>, and entered of record in the book in the clerk&#x2019;s office in which the current <span class="dictionary">fiduciary</span> accounts are entered and indexed. No <span class="dictionary">surety</span> shall be required on the <span class="dictionary">bond</span> of a <span class="dictionary">fiduciary</span> granted an exemption from filing any further accounts. <a id="paragraph-288061" class="section-permalink" href="https://vacode.org/8.01-606/#F"><i class="fa fa-link"/></a></p></section>
						<section id="G"><p><span class="prefix-number">G.</span> Whenever a <span class="dictionary">fiduciary</span> qualifies pursuant to &#xA7; <a class="law" title="Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident" href="/64.2-454/">64.2-454</a> for the sole purpose of prosecuting or defending an <span class="dictionary">action</span>, the <span class="dictionary">court</span> in which the <span class="dictionary">fiduciary</span> qualifies or the commissioner of accounts for such <span class="dictionary">court</span> may exempt the <span class="dictionary">fiduciary</span> from filing further accounts where the <span class="dictionary">fiduciary</span> is not administering any funds and has no power of sale over any real estate the decedent owned. <a id="paragraph-288062" class="section-permalink" href="https://vacode.org/8.01-606/#G"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 8-750, 8-751; 1952, c. 103; 1954, cc. 238, 526; 1962, c. 465; 1966, cc. 332, 339; 1970, c. 566; 1977, cc. 462, 617; 1978, c. 525; 1980, c. 544; 1985, c. 216; 1987, c. 378; 1995, c. 405; 1997, c. 801; 2003, c. 195; 2012, c. 43; 2015, cc. 129, 130, 633; 2022, c. 317.</history><metadata></metadata></law>
