                                 CODE OF VIRGINIA

WHO TO EXECUTE THE TRUST UNTIL NEW TRUSTEE APPOINTED (§ 64.2-1407)

A. The personal representative of a deceased trustee, or the remaining trustee
or trustees if there were more than one trustee and one or more but less than
all of them have died, resigned, become incapable of executing the trust on
account of physical or mental disability or confinement in prison, become
ineligible to continue to serve as trustee because of no longer being a resident
of the Commonwealth where residency is statutorily required, or otherwise become
ineligible to continue serving as trustee, shall execute the trust, or so much
of the trust as remained unexecuted at the time such lack of capacity to execute
the trust or such ineligibility came into being until an appointment is made
pursuant to this part, unless the instrument creating the trust directs
otherwise or some other trustee is appointed for the purpose by a circuit court
having jurisdiction of the case. In the case of removal of the trust management
function by a corporate trustee, the corporate trustee shall continue to execute
the trust until such time as an appointment is made pursuant to this part.

B. The provisions of this section shall not apply to any trust governed by the
Uniform Trust Code (&#xA7; 64.2-700 et seq.).

HISTORY: Code 1919, § 6300; 1930, p. 350; 1940, p. 302; 1942, p. 168; Code
1950, § 26-51; 1998, cc. 392, 410; 2001, c. 38; 2005, c. 935; 2012, c. 614.