                                 CODE OF VIRGINIA

TRANSFER OF ASSETS TO ADMINISTRATOR DE BONIS NON; ADMINISTRATION OF ASSETS (§
64.2-545)

A. If the powers of a personal representative have ceased and there is an
administrator de bonis non of the decedent&#8217;s estate, the personal
representative may pay and deliver to such administrator de bonis non, with the
consent of the court or clerk before which the administrator de bonis non
qualified, the assets of the decedent, whether converted or not, for which such
former personal representative is responsible. The court or clerk shall not
consent to the payment and delivery of such assets to the administrator de bonis
non unless the administrator de bonis non gives a bond sufficient to cover the
additional assets to be paid or delivered to him. The administrator de bonis non
shall administer such assets paid or delivered to him as assets received in due
course of administration. The administrator de bonis non shall provide a receipt
for such assets in the form of a voucher in the settlement of the accounts of
the former personal representative. The former personal representative shall not
be liable for the assets lawfully paid or delivered to the administrator de
bonis non.

B. The administrator de bonis non may bring an action against the former
personal representative or his estate for mismanagement or to compel the payment
and delivery to the administrator de bonis non of the assets of the decedent
that were wrongfully converted by the former personal representative.

C. Nothing contained in this section shall (i) limit the liability of the former
personal representative and his sureties for any breach of duty committed by him
with respect to the assets of the decedent&#8217;s estate before they were paid
over and delivered to the administrator de bonis non by him or (ii) bar the
beneficiaries, creditors, or any other parties in interest from bringing any
action against the former personal representative for his acts or omissions
while serving as the personal representative.

HISTORY: Code 1950, § 64-156; 1968, c. 656, § 64.1-166; 1991, c. 58; 2012, c.
614.