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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
963151485Be it enacted by the General Assembly of Virginia:
1. That § 26-59 of the Code of Virginia is amended and reenacted as follows:
§ 26-59. Nonresident fiduciaries.
A. Except as provided in subsection B, a A natural
person, not a resident of this Commonwealth shall not may
be appointed or allowed to qualify or act as personal representative, or
trustee under a will, of any decedent, or appointed as guardian of an infant's
estate, or guardian of the person or property of an incapacitated person under
§ 37.1-132 or committee of any person non compos mentis, unless there
is also appointed to serve with the nonresident personal representative,
trustee, guardian or committee, a person resident in this Commonwealth or
corporation authorized to do business in this Commonwealth. In the event such
resident personal representative, trustee, or guardian ceases, for any reason
to act, then a new resident personal representative, trustee, or guardian shall
be appointed in the same manner as provided in § 26-48. However, when the
nonresident guardian or committee is the parent of the infant or person non
compos mentis, the resident guardian appointed under this section shall have no
control over the person of the ward.
B1. Notwithstanding the provisions of subsection A, a
parent, brother, sister, niece or nephew of a decedent, a child or
other descendant of a decedent, the spouse of a child of a decedent, the
surviving spouse of a decedent, or a person or all such persons otherwise
eligible to file a statement in lieu of an accounting pursuant to §
26-20.1, or any combination of them, may be appointed and allowed to
qualify as personal representative, or trustee under a will, of the decedent,
provided, in each instance, (i) such qualification Qualification
shall be subject to the provisions of Article 1 (§ 64.1-116 et seq.)
of Chapter 6 of Title 64.1 of such person as personal
representative, or trustee under a will, of any decedent, and (ii)
.
at At the time of qualification or appointment
each such person files shall file with the clerk of the
circuit court of the jurisdiction wherein such qualification is had or
appointment is made, his consent in writing that service of process in
any action or proceeding against him as personal representative, or
trustee under a will, or guardian, or any other notice with
respect to the administration of the probate estate or
the, trust, or person in his charge in this
Commonwealth may be by service upon the clerk of the court in which he is
qualified or appointed, or upon such resident of
this Commonwealth and at such address as he may appoint in the written
instrument. In the event of the death, removal, resignation or absence from
this Commonwealth of such a resident agent or any
successor named by a similar instrument filed with the clerk, or in the
event that suchif a resident
agent or any such successor cannot with due diligence be found for service at
the address designated in such instrument, then any process or notice may be
served on the clerk of such circuit court. Notwithstanding
§§ 37.1-135 and 64.1-121, where any
nonresident qualifies pursuant to this subsection, bond with surety shall be
required in every case, unless a resident personal representative or
,trustee, or fiduciary qualifies at the same
time or the court making the appointment waives surety under the
provisions of § 26-7.1.
B2. Notwithstanding the provisions of subsection A, an
adult parent, brother, sister, spouse, child, or other adult
descendant of a person adjudged incompetent or incapacitated pursuant to
Chapter 4 (§ 37.1-128.01 et seq.) of Title 37.1 of the Code, or any
combination of them, may be appointed and allowed to qualify as
guardian, committee or trustee of such incompetent or incapacitated person,
provided, in each instance, at the time of qualification each such person files
with the clerk of the circuit court of the jurisdiction wherein such
qualification is had, his consent in writing that service of process in any
action or proceeding against him as such fiduciary, or any other notice with
respect to the administration of the estate, trust or person in his charge in
this Commonwealth, may be by service upon the clerk of the court in which he is
qualified pursuant to Chapter 1 (§ 26-7.1 et seq.) of Title 26, or upon
such resident of this Commonwealth and at such address as he may appoint in the
written instrument. Notwithstanding § 37.1-135, when any
nonresident qualifies pursuant to this subsection, bond with surety
shall be required in every case, unless a resident fiduciary qualifies at the
same time or the court making the appointment waives surety under the
provisions of § 26-7.1.
C. B. No corporation shall be appointed or allowed to
qualify or act as personal representative, or trustee under a will, or as one
of the personal representatives or trustees under a will, of any decedent, or
appointed or allowed to qualify or act as guardian of an infant, or as one of
the guardians of an infant, or guardian of the person or property of an
incapacitated person under § 37.1-132, or as one of the guardians of the
person or property of an incapacitated person under § 37.1-132, or as
committee of any person non compos mentis, or as one of the committees of a
person non compos mentis, unless such corporation be is
authorized to do business in this Commonwealth. Nothing in this section
shall be construed to impair the validity of any appointment or qualification
made prior to January 1, 1962, nor to affect in any way the other provisions of
this chapter or of § 64.1-130. The provisions of this section shall not
authorize or allow any appointment or qualifications prohibited by §
6.1-5.
DC. The fact that an individual nominated or appointed as
the guardian of the person of an infant is not a resident of this Commonwealth
shall not prevent the qualification of the individual to serve as the sole
guardian of the person of the infant.