                                 CODE OF VIRGINIA

JURISDICTION FOR QUALIFICATION OF TESTAMENTARY TRUSTEE; QUALIFICATION AND BOND;
WHEN SURETY NOT REQUIRED (§ 64.2-1401)

A. In the case of a testamentary trust, the jurisdiction where the will has been
admitted to probate in the Commonwealth shall be the exclusive jurisdiction for
the qualification of the trustee under such will. In the case of a will of a
nonresident that has not been admitted to probate in the Commonwealth, the
trustee under such will shall be permitted to qualify in any jurisdiction in
which such will could be probated or, if there is no such jurisdiction, then the
trustee shall be permitted to qualify pursuant to &#xA7; 64.2-1402.

B. Before proceeding to act as trustee, the trustee named in a will probated
after July 1, 1968, shall qualify and give bond before the proper circuit court
or clerk with surety as may be required by the court or clerk unless (i) the
will waives surety on the bond, (ii) surety is not required under &#xA7;
6.2-1003, or (iii) the will was executed prior to July 1, 1968, and the trustee
offering to qualify as such was also named in the will as executor and qualifies
as such, and the will waives surety upon the bond of such executor.

C. The provisions hereof shall not apply to a testamentary devise or bequest to
a church or its trustees.

D. If real estate located in the Commonwealth constitutes any of the trust
assets, the qualification of the trustee under this section shall not be in lieu
of any other recordation required by law.

HISTORY: 1964, c. 464, §§ 26-46.2, 26-46.3; 1966, c. 327; 1968, c. 514; 1981,
c. 239, 2012, c. 614.