                                 CODE OF VIRGINIA

COMMISSIONERS OF ACCOUNTS TO EXAMINE AND REPORT ON BONDS AND WHETHER FIDUCIARIES
SHOULD BE REMOVED (§ 64.2-1204)

A. When any fiduciary, other than a sheriff or other officer, who is required to
file an inventory or an account with the commissioner of accounts has made such
a filing, the commissioner of accounts shall examine whether the fiduciary has
given bond as the law requires and whether the penalty and surety stated in the
bond are sufficient. At any time before a required filing is made by a fiduciary
with the commissioner of accounts, upon the application of any interested person
or the next friend of an interested infant, and after reasonable notice to the
fiduciary, the commissioner of accounts for the circuit court wherein the
fiduciary qualified shall investigate (i) the bond given and inquire whether
security ought to be required of a fiduciary who may have been allowed to
qualify without giving it and (ii) whether it is improper to permit the estate
of the decedent, ward, or other person to remain under the fiduciary&#8217;s
control due to the incapacity or misconduct of the fiduciary, the removal of the
fiduciary from the Commonwealth, or for any other cause. The commissioner of
accounts shall report the result of every examination and inquiry to the court
and to the clerk of court.

B. When any fiduciary of an estate has given a bond to the court and then
absconds with or improperly disburses any or all of the assets of the estate,
the commissioner of accounts may petition the court in which the order was made
conferring his authority on the fiduciary and ask the court to order that such
bond be forfeited.

HISTORY: Code 1919, § 5416; Code 1950, § 26-2; 1966, c. 340; 1974, c. 156;
1987, c. 489; 1997, c. 842; 2012, c. 614.