                                 CODE OF VIRGINIA

PAYMENT OF SMALL AMOUNTS TO CERTAIN PERSONS THROUGH COURT WITHOUT INTERVENTION
OF FIDUCIARY; AUTHORITY OF COMMISSIONERS OF ACCOUNTS; CERTAIN FIDUCIARIES EXEMPT
FROM ACCOUNTINGS (§ 8.01-606)

A. Whenever there is due to any person, any sum of money from any source, not
exceeding $50,000, the fund may be paid into the circuit court of the county or
city in which the fund became due or such person resides. The court may, by an
order entered of record, (i) pay the fund to the person to whom it is due, if
the person is considered by the court competent to expend and use the same in
his behalf, or (ii) pay the fund to some other person who is considered
competent to administer it, for the benefit of the person entitled to the fund,
without the intervention of a fiduciary, whether the other person resides within
or without this Commonwealth. The clerk of the court shall take a receipt from
the person to whom the money is paid, which shall show the source from which it
was derived, the amount, to whom it belongs, and when and to whom it was paid.
The receipt shall be signed and acknowledged by the person receiving the money,
and entered of record in the book in the clerk&#8217;s office in which the
current fiduciary accounts are entered and indexed. Upon the payment into court
the person owing the money shall be discharged of such obligation. No bond shall
be required of the party to whom the money is paid by the court.

B. Whenever (i) it appears to the court having control of a fund, tangible
personal property or intangible personal property or supervision of its
administration, whether a suit is pending therefor or not, that a person under a
disability who has no fiduciary, is entitled to a fund arising from the sale of
lands for a division or otherwise, or a fund, tangible personal property or
intangible personal property as distributee of any estate, or from any other
source, (ii) a judgment, decree, or order for the payment of a sum of money or
for delivery of tangible personal property or intangible personal property to a
person under a disability who has no fiduciary is rendered by any court, and the
amount to which such person is entitled or the value of the tangible personal
property or intangible personal property is not more than $50,000, or (iii) a
person under a disability is entitled to receive payments of income, tangible
personal property or intangible personal property and the amount of the income
payments is not more than $50,000 in any one year, or the value of the tangible
personal property is not more than $50,000, or the current market value of the
intangible personal property is not more than $50,000, the court may, without
the intervention of a fiduciary, cause such fund, property or income to be paid
or delivered to any person deemed by the court capable of properly handling it,
to be used solely for the education, maintenance and support of the person under
a disability. In any case in which an infant is entitled to such fund, property
or income, the court may, upon its being made to appear that the infant is of
sufficient age and discretion to use the fund, property or income judiciously,
cause the fund to be paid or delivered directly to the infant.

C. Where judgment is taken in the general district court, upon motion of a party
for good cause shown, the general district court judge may enter an order
directing the clerk of the general district court to hold such funds in escrow
for a period not to exceed 180 days to enable such party to file a petition
pursuant to &#xA7; 8.01-600 requesting that such funds be received and held by
the clerk of the circuit court upon payment of fees in accordance with &#xA7;
17.1-275. The party petitioning the circuit court shall provide the clerk of the
general district court a certified copy of any order entered by the circuit
court directing that such funds held by the clerk of the general district court
be transferred to the clerk of the circuit court. If no such order is received
by the clerk of the general district court within the 180-day period, the clerk
of the general district court shall give notice to the parties that such funds
shall be disbursed to the plaintiff for which judgment was entered in the
general district court within 30 days after such notice.

D. Whenever a person is entitled to a fund or such property distributable by a
fiduciary settling his accounts before the commissioner of accounts of the court
in which the fiduciary qualified, and the amount or value of the fund or
property, or the value of any combination thereof, is not more than $50,000, the
commissioner of accounts may approve distribution thereof in the same manner and
to the extent of the authority herein conferred upon a court including exemption
from filing further accounts where the value of the fund being administered is
less than $50,000.

E. Whenever an incapacitated person or infant is entitled to a fund or such
property distributable by a fiduciary settling accounts before the commissioner
of accounts of the court in which the fiduciary qualified and the will or trust
instrument under which the fiduciary serves, authorizes the fiduciary to
distribute the property or fund to the incapacitated person or infant without
the intervention of a guardian, conservator or committee, and the amount or
value of such fund or property, or the value of any combination thereof, is not
more than $50,000, the commissioner of accounts may approve distribution thereof
in the same manner and to the extent of the authority hereinabove conferred upon
a court or judge thereof.

F. Whenever a fiduciary is administering funds not exceeding $50,000, the
circuit court of the county or city in which the fund is being administered by
order entered of record may authorize the fiduciary, when considered competent
to administer the funds, to continue to administer the funds for the benefit of
the person entitled to the fund without the necessity of filing any further
accounts, whether such person resides within or without this Commonwealth. The
clerk of the court shall take a receipt from the fiduciary, which shall show the
amount of the fund remaining, to whom it belongs, and the date the court entered
the order exempting the filing of further accounts. The receipt shall be signed
and acknowledged by the fiduciary, and entered of record in the book in the
clerk&#8217;s office in which the current fiduciary accounts are entered and
indexed. No surety shall be required on the bond of a fiduciary granted an
exemption from filing any further accounts.

G. Whenever a fiduciary qualifies pursuant to &#xA7; 64.2-454 for the sole
purpose of prosecuting or defending an action, the court in which the fiduciary
qualifies or the commissioner of accounts for such court may exempt the
fiduciary from filing further accounts where the fiduciary is not administering
any funds and has no power of sale over any real estate the decedent owned.

HISTORY: Code 1950, §§ 8-750, 8-751; 1952, c. 103; 1954, cc. 238, 526; 1962,
c. 465; 1966, cc. 332, 339; 1970, c. 566; 1977, cc. 462, 617; 1978, c. 525;
1980, c. 544; 1985, c. 216; 1987, c. 378; 1995, c. 405; 1997, c. 801; 2003, c.
195; 2012, c. 43; 2015, cc. 129, 130, 633; 2022, c. 317.