                                 CODE OF VIRGINIA

WHEN COURT MAY ALLOW ANOTHER TO QUALIFY ON ESTATE (§ 64.2-610)

A. Except during the pendency of a suit to contest the decedent&#8217;s will or
during the infancy or absence of the executor, the court where the will was
admitted to probate or that has jurisdiction to grant administration on the
decedent&#8217;s estate, or the clerk of such court, shall, if there has been no
executor or administrator on the decedent&#8217;s estate for more than two
months and on the motion of any person, order any person of the county or city
to take into his possession the estate of such decedent and administer the same
after requiring such person post a proper bond. However, any sheriff so ordered
may decline the appointment if the appointment interferes with his current
duties or obligations. The person ordered to take possession of the
decedent&#8217;s estate shall be the administrator, or administrator de bonis
non, of the decedent, with his will annexed, if there be a will, and shall be
entitled to all the rights and bound to perform all the duties of such
administrator.

B. The court may, on reasonable notice to the person appointed, revoke the order
made by it or its clerk and the court may, after reasonable notice to the
parties in interest, permit the person to resign and allow any other person to
qualify as executor or administrator.

C. When an estate is committed to a person pursuant to subsection A on the
motion of a creditor or other person, the state tax due for such administration
shall be paid by the party who made the motion and such tax shall be repaid to
him by the administrator so appointed out of the first funds received by him for
such estate.

HISTORY: Code 1950, § 64-124; 1968, c. 656, § 64.1-131; 1971, Ex. Sess., c.
155; 1980, c. 438; 1996, c. 317; 2012, c. 614.