                                 CODE OF VIRGINIA

WHEN COURT MAY REQUIRE NEW BOND OR REVOKE AUTHORITY; GIVING NEW BOND UPON MOTION
OF FIDUCIARY, SURETY, OR OTHER PARTY IN INTEREST (§ 64.2-1410)

A. Regardless of whether a fiduciary has given bond with or without sureties, at
any time the circuit court under whose order or under the order of whose clerk
any such fiduciary derives his authority shall, on the application of any surety
or his personal representative, or may, (i) upon motion of the fiduciary or (ii)
when it appears proper on report of the clerk or a commissioner of accounts or
on evidence adduced before it by any interested party, order the fiduciary to
give before the court or clerk a new bond or additional bond in a reasonable
time as prescribed by the court and in such penalty and with or without sureties
as the court deems proper. The new bond or additional bond shall have the effect
provided by &#xA7; 49-14. In all cases where the fiduciary qualified pursuant to
an order issued by a clerk, the clerk shall have the same power as the court
regarding bond and surety under this section. If the order of the court or clerk
is not complied with, or whenever from any cause it appears proper, the court
may revoke and annul the powers of any such fiduciary. However, no such order
shall be made unless reasonable notice appears to have been given to the
fiduciary by (a) the commissioner of accounts who made the report, (b) the
surety or his representative making the application, or (c) the service of a
rule or otherwise. No order or revocation shall invalidate any previous act of
such fiduciary.

B. When the court or clerk orders a new bond, additional bond, or a reduction in
bond, the court or clerk shall, in lieu of requiring a personal appearance by
the fiduciary for the execution thereof, allow the fiduciary&#8217;s execution
to be made by the fiduciary&#8217;s agent under a power of attorney expressly
authorizing the same.

HISTORY: Code 1919, § 5417; Code 1950, § 26-3; 1966, c. 328; 1997, c. 842;
2001, c. 79; 2012, c. 614.