                                 CODE OF VIRGINIA

GRANT OF ADMINISTRATION OF INTESTATE ESTATE (§ 64.2-502)

A. The court or the clerk who would have jurisdiction as to the probate of a
will, if there were a will, has jurisdiction to hear and determine the right of
administration of the estate in the case of a person dying intestate.
Administration shall be granted as follows:

   1. During the first 30 days following the decedent&#8217;s death, the court or
   the clerk may grant administration to a sole distributee, or his designee, or
   in the absence of a sole distributee, to any distributee, or his designee, who
   presents written waivers of the right to qualify from all other competent
   distributees.

   2. After 30 days have passed since the decedent&#8217;s death, the court or
   the clerk may grant administration to the first distributee, or his designee,
   who applies, provided, that if, during the first 30 days following the
   decedent&#8217;s death, more than one distributee notifies the court or the
   clerk of an intent to qualify after the 30-day period has elapsed, the court
   or the clerk shall not grant administration to any distributee, or his
   designee, until the court or the clerk has given all such distributees an
   opportunity to be heard.

   3. After 45 days have passed since the decedent&#8217;s death, the court or
   the clerk may grant administration to any nonprofit charitable organization
   that operated as a conservator or guardian for the decedent at the time of his
   death if such organization certifies that it has made a diligent search to
   find an address for any sole distributee and has sent notice by certified mail
   to the last known address of any such distributee of its intention to apply
   for administration at least 30 days before such application, or, that it has
   not been able to find any address for such distributee. However, if, during
   the first 45 days following the decedent&#8217;s death, any distributee
   notifies the court or the clerk of an intent to qualify after the 45-day
   period has elapsed, the court or the clerk shall not grant administration to
   any such organization until the court or the clerk has given all such
   distributees an opportunity to be heard. Qualification of such nonprofit
   charitable organization is not subject to challenge on account of the failure
   to make the certification required by this subdivision.

   4. After 60 days have passed since the decedent&#8217;s death, the court or
   the clerk may grant administration to one or more of the creditors or to any
   other person, provided such creditor or person other than a distributee
   certifies that he has made a diligent search to find an address for any sole
   distributee and has sent notice by certified mail to the last known address of
   any such distributee of his intention to apply for administration at least 30
   days before such application, or that he has not been able to find any address
   for such distributee. Qualification of a creditor or person other than a
   distributee is not subject to challenge on account of the failure to make the
   certification required by this subdivision.

B. When granting administration, if the court determines that it is in the best
interests of a decedent&#8217;s estate, the court may depart from the provisions
of this section at any time and grant administration to such person as the court
deems appropriate.

C. The court or clerk may admit to probate a will of the decedent after a grant
of administration. If administration has been granted to a creditor or person
other than a distributee, the court or clerk may grant administration to a
distributee who applies for administration and who has not previously been
refused administration after reasonable notice has been given to such creditor
or other person previously granted administration. Admission of a will to
probate or the grant of administration pursuant to this subsection terminates
any previous grant of administration.

D. The court or clerk shall not grant administration to any person unless
satisfied that he is suitable and competent to perform the duties of his office.
The clerk shall require such person to sign under oath that such person is not
under a disability as defined in &#xA7; 8.01-2 or, regardless of whether his
civil rights have been restored, has not been convicted of a felony offense of
(i) fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny,
embezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering.
However, if the person convicted of such felony offense is the sole distributee
of the estate, then the court or clerk may grant administration to such person
if he is otherwise suitable and competent to perform the duties of his office.

E. If any beneficiary of the estate objects, a spouse or parent who has been
barred from all interest in the estate because of desertion or abandonment as
provided under &#xA7; 64.2-308 or 64.2-308.17, as applicable, may not serve as
an administrator of the estate of the deceased spouse or child.

HISTORY: Code 1950, §§ 64-114, 64-115; 1968, c. 656, §§ 64.1-118, 64.1-119;
1978, c. 483; 2000, c. 321; 2002, c. 197; 2006, c. 724; 2012, c. 614; 2015, c.
551; 2016, cc. 187, 269.