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2015 SESSION
15101100DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-606 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-606. Payment of small amounts to certain persons through court without intervention of fiduciary; authority of commissioners of accounts; certain fiduciaries exempt from accountings.
A. Whenever there is due to any person, any sum of money from
any source, not exceeding $25,000, 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, or (iii) hold
the fund as provided by § 8.01-600.
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'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
$25,000, 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 $25,000 in any one year, or the
value of the tangible personal property is not more than $25,000, or the
current market value of the intangible personal property is not more than
$25,000, 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,
(a) hold the fund, property, or income as
provided under § 8.01-600
and pay or deliver it to the infant
once he reaches the age of
18 or (b) 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. 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 $25,000, 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 $25,000.
D. 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 $25,000, 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.
E. Whenever a fiduciary is administering funds not exceeding $25,000, 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'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.