CHAPTER 1: PURPOSES OF MANUAL AND STATUTORY
AUTHORIZATION AND JURISDICTION OF
COMMISSIONERS OF ACCOUNTS
1.1 IN GENERAL
1.2 SUMMARY OF STATUTORY AUTHORIZATION AND JURISDICTION
OF COMMISSIONERS OF ACCOUNTS
1.201 Introduction
1.202 Foreword
1.203 Summaries of Statutes
CHAPTER 2: JUDICIAL APPOINTMENT AND OVERSIGHT OF
COMMISSIONERS OF ACCOUNTS
2.1 INTRODUCTION
2.2 APPOINTMENT PROCEDURES
2.201 Preliminary Considerations of the Office of Commissioners of
Accounts
2.202 Job Description and Qualities to Consider in Prospective
Appointees
2.203 Appointment Procedure
2.204 Assistant/Deputy Commissioners of Accounts: Appointment
and Relationships
2.3 SUPERVISION
2.301 Review of Timeliness of Fiduciaries’ Work
2.302 Timeliness of the Commissioner’s Work
2.303 Evaluation of the Commissioner’s Continuing Commitment to
the Office
2.304 The Commissioner’s Relationships with the Public, the Bar
and Court Personnel
2.4 THE COMMISSIONER’S OFFICE
2.5 CONCLUSION
CHAPTER 3: COMPLAINTS AGAINST COMMISSIONERS
CHAPTER 4: RECORD KEEPING AND FILE MAINTENANCE
4.1 IN GENERAL
4.2 METHODS FOR KEEPING THE RECORD OF FIDUCIARIES
4.3 PRACTICE
CHAPTER 5: ACCESS TO FILES OF COMMISSIONERS
5.1 IN GENERAL
5.101 Nature of the Office of Commissioner of Accounts
5.102 Applicability of FOIA to the Court and Its Records
5.2 RECORDS THAT ARE NOT “PUBLIC RECORDS”
5.3 PROTECTION OF CONFIDENTIAL INFORMATION IN COURT
FILES
5.4 REVIEW BY INTERESTED PARTIES
CHAPTER 6: ADEQUACY OF THE FIDUCIARY’S BOND
6.1 IN GENERAL
6.2 NONRESIDENT FIDUCIARIES
6.3 ADEQUACY OF PENALTY ON BOND
6.4 REDUCTION OF PENALTY ON BOND
6.5 FAILURE OF FIDUCIARY TO POST NEW BOND
CHAPTER 7: THE INVENTORY
7.1 IN GENERAL
7.101 Forms
7.102 When Inventories Not Required
7.103 Furnishing Copies of Inventories
7.104 Enforcement of Filing Requirement
7.105 Affidavit of Notice of Probate; Enforcement
7.2 DECEDENTS’ ESTATES
7.201 Instructions Generally
7.202 Specific Instructions
7.203 Assets That Do Not Exceed $25,000
7.204 Uniform Real Property Transfer on Death Act
7.3 TIMELINESS
7.4 VALUATION
7.5 INCAPACITATED ADULTS
7.501 Instructions Generally
7.502 Specific Instructions
7.6 MINORS
7.601 Instructions Generally
7.602 Specific Instructions
7.7 TESTAMENTARY AND INTER VIVOS TRUSTEES AND OTHERS
7.701 Minor’s Tort Claims Recoveries
7.702 Trustees for Incapacitated Veterans
7.703 Instructions Generally
7.704 Specific Instructions
7.8 OBJECTIONS TO INVENTORIES
7.801 Enforcement Authority
7.802 Unresolved Objections
CHAPTER 8: POSTING OF ACCOUNTS; NOTICE TO INTERESTED
PARTIES
8.1 IN GENERAL
8.2 DECEDENTS’ ESTATES
8.3 OTHER FIDUCIARY ESTATES
CHAPTER 9: THE ACCOUNT AUDIT
9.1 IN GENERAL
9.2 GUIDELINES FOR ACCOUNTS
9.201 Format of Account
9.202 Time for Processing
9.203 Fee Quotes and Commissions
9.204 Debts and Demands
9.205 Vouchers (Documents) to Be Submitted to Support an Account
9.3 AUDITOR’S REVIEW
CHAPTER 10: THE VOUCHER AND OTHER SUPPORTING DOCUMENTS
10.1 VOUCHERS GENERALLY
10.2 TYPES OF VOUCHERS
10.201 Receipts and Copies of Cancelled Checks for Payment of Debts
10.202 Receipts for Tangible Personal Property
10.203 Other Supporting Documents
CHAPTER 11: ESTATES OF DECEDENTS: A CHECKLIST OF DUTIES
OF THE COMMISSIONER
11.1 IN GENERAL
11.2 PROTECTION OF BENEFICIARIES
11.201 Investment of Cash
11.202 Debts Paid Those of Decedent
11.203 Funeral Expenses
11.204 Fiduciary Compensation and Attorneys’ Fees
11.205 Interest on Bequests
11.206 Interest on Accounts and Debt Instruments Specifically
Bequeathed
11.207 Dividends on Stock Bequeathed
11.208 Distribution to a Minor
11.209 Distribution to Other Persons Non Sui Juris
11.210 Distribution to Person Deceased
11.211 Ademption
11.212 Abatement
11.213 Distribution to a Trust
11.214 Improper By-Pass Distributions From the Estate to
Beneficiaries of Trust Under Agreement
11.215 Payment of Estate Taxes or Debts by Trust
11.216 Allocation of Estate Taxes
11.217 Partial Distributions
11.218 The Omitted Spouse
11.219 The Augmented Estate
11.220 Family Allowance, Exempt Property, and Homestead
11.221 What to Do with the Personal Representative Who Will Not
Settle His or Her Account
11.222 Statement in Lieu of Account
11.223 Enforcement of Notice Requirement in Va. Code § 64.2-508............ 113
11.224 Additional Duties of Commissioner Under Va. Code § 64.2-508
11.225 Furnishing Inventories and Accounts; Delay in Approval of
Same (Va. Code § 64.2-1303)
11.226 Nonexoneration (Va. Code § 64.2-531)
11.227 Sale of Real Property to Pay Estate Obligations or Legacies
11.228 Uniform Real Property Transfer on Death Act
11.3 TAXING AUTHORITIES
11.4 THE ACCOUNT AS A PERMANENT RECORD
CHAPTER 12: CREDITORS AND CLAIMS AGAINST THE ESTATE
12.1 IN GENERAL
12.2 FILING OF CLAIMS AGAINST THE ESTATE
12.3 DEBTS AND DEMANDS HEARING
12.4 WHEN CREDITORS’ CLAIMS SHOULD NOT BE PAID
12.401 Expired Statutes of Limitations
12.402 Insolvent Estates
12.5 CONTINGENT AND UNLIQUIDATED CLAIMS
12.6 CONTESTED CLAIMS
12.7 STATUTORY EXEMPTIONS AND ALLOWANCES
12.8 STATUTES OF LIMITATION
12.9 SPECIFIC STATUTES OF LIMITATIONS
CHAPTER 13: AUDITING ACCOUNTS OF TRUSTEES OF
TESTAMENTARY TRUSTS
13.1 IN GENERAL
13.2 PRELIMINARY REQUIREMENTS
13.3 DISTRIBUTIONS FROM ESTATE TO TRUST
13.4 RECEIPTS, GAINS AND LOSSES ON ASSET SALES AND
DISBURSEMENTS
13.5 TRUSTEE’S FEES
13.6 ALLOCATION OF PRINCIPAL AND INCOME
13.601 In General
13.602 Receipts Not Requiring Apportionment
13.603 Disbursements Not Requiring Apportionment
13.604 Receipts/Disbursements Requiring Apportionment
13.605 Uniform Principal and Income Act (1997)—Prefatory Note,
Official Text, and Commissioners’ Comments
13.606 Equitable Adjustment
13.7 DISTRIBUTIONS TO BENEFICIARIES
13.8 WAIVER OF TESTAMENTARY TRUST ACCOUNTINGS
13.9 UNIFORM TRUST CODE
13.10 TRUST DECANTING UNDER THE VIRGINIA UNIFORM TRUST
DECANTING ACT
CHAPTER 14: GUARDIANS/CONSERVATORS OF INCAPACITATED
ADULTS
14.1 INTRODUCTION
14.2 ALLOWABLE EXPENDITURES
14.3 COMPENSATION FOR CONSERVATORS AND GUARDIANS
14.301 Conservator
14.302 Guardian of the Person of an Incapacitated Adult
14.4 ACCOUNTS AND ACCOUNTING PERIODS
14.5 INVESTMENTS AND THE SALE OF REAL ESTATE
14.6 SURETY BOND COVERAGE
14.7 TERMINATION OF GUARDIANSHIP AND/OR CONSERVATORSHIP
14.8 MEDICAID CONSERVATORSHIPS
14.9 “REPRESENTATIVE PAYEE” BENEFITS
14.901 Is There a Need for Qualification as a Conservator for
Representative Payee Benefits?
14.902 Accounting for Representative Payee Benefits by a
Conservator Appointed by the Court
14.10 PROBLEM AREAS
14.1001 Joint Accounts
14.1002 Furniture and Furnishings
14.1003 Jewelry
14.1004 Real Estate
14.11 CONVERSION OF CONSERVATORSHIP TO CUSTODIAL TRUSTEE
14.12 COURT-APPROVED TRANSFER TO SPECIAL NEEDS TRUST
14.13 FINANCIAL EXPLOITATION OF INCAPACITATED PERSONS
CHAPTER 15: GUARDIANS OF MINORS’ ESTATES
15.1 INTRODUCTION
15.2 DISBURSEMENTS OF PRINCIPAL AND INCOME
15.3 DISTRIBUTIONS TO OR FOR MINOR WITH LIVING PARENT
15.301 Distributions Authorized by Court
15.302 Distributions Authorized by Commissioner of Accounts
15.4 COMPENSATION FOR GUARDIAN
15.5 INVENTORY, ACCOUNTINGS, AND ACCOUNTING PERIODS
15.6 INVESTMENTS
15.7 SURETY BOND COVERAGE
CHAPTER 16: ACCOUNT OF FORECLOSURE SALE
16.1 IN GENERAL
16.2 FORM FOR ACCOUNTING
16.3 PAPERS TO ACCOMPANY THE ACCOUNT
16.4 BID PRICE
16.5 TRUSTEE’S COMMISSION
16.501 Statutory Commission
16.502 Background
16.503 Cases and Orders
16.6 MISCELLANEOUS EXPENSES
16.601 Clerk’s Fee and Recording Costs
16.602 Auctioneer’s Fee
16.603 Attorney’s Fees
16.604 Fee to Commissioner
16.605 Interest
16.7 REAL ESTATE TAXES AND OTHER CITY OR COUNTY LIENS
16.8 SUBSTITUTION OF TRUSTEE
16.9 ADVERTISEMENT AND NOTICES
16.10 DISTRIBUTION OF BALANCE AFTER PAYMENT OF EXPENSES
OF SALE; SURPLUS
16.1001 Payment of Other Liens
16.1002 Credit Bids
16.1003 Payments to Noteholder; Surplus
16.1004 Death of Grantor or Successors in Title Prior to Foreclosure
16.11 THE NOTE
16.12 ASSIGNMENT OF NOTE
16.13 POSTING AND REPORT TO COURT
16.14 OVERSIGHT OF FORECLOSURE ACCOUNTS
CHAPTER 17: PROCEEDINGS AGAINST DELINQUENT FIDUCIARIES
17.1 DEADLINES
17.101 Personal Representatives of Estates and Proponents of Wills
17.102 Personal Representatives of Estates
17.103 Testamentary Trustee
17.104 Guardians of Minors’ Estates and Conservators of Incapacitated
Persons
17.105 Foreclosure Sale Trustees
17.2 REMINDER NOTICE OF DELINQUENCY
17.3 INITIATING ACTION BY THE COURT
17.301 Affidavit of Notice
17.302 Inventories
17.303 Accountings—Semi-Annual Report or Summons Under
Section 64.2-1216
17.304 Foreclosure Accountings
17.305 Reporting Attorney Fiduciaries to the State Bar
17.306 The Quarterly Report
17.4 PERSONAL ASSESSMENTS TO FIDUCIARY
17.5 FORFEITURE OF COMMISSIONS
17.6 PROCEEDINGS BEFORE THE COURT
17.7 SURCHARGE OF FIDUCIARIES
CHAPTER 18: HEARINGS BEFORE COMMISSIONERS OF ACCOUNTS
18.1 IN GENERAL
18.2 CONDUCT OF THE HEARING
18.3 STATUTORY HEARINGS
18.301 Debts and Demands Hearings
18.302 Hearings Pursuant to Va. Code § 64.2-1209
18.303 Hearings Pursuant to Va. Code § 64.2-1204
18.304 Guardianship Parental Spending Hearings
18.305 Hearings Concerning Conservatorship and Guardianship
Real Estate Sales
CHAPTER 19: MISCELLANEOUS MATTERS
19.1 THE COMMISSIONER’S REPORT ON AN INVENTORY OR
ACCOUNT
19.2 PROCEDURE ON EXCEPTIONS
19.3 WHEN THE COMMISSIONER SHOULD DISQUALIFY HIMSELF
OR HERSELF
19.4 IMMUNITY OF THE COMMISSIONER
19.5 HEARINGS
19.6 THE COMMISSIONER’S ROLE WHEN AN AUGMENTED ESTATE
ELECTION IS MADE
19.7 THE LENGTH OF TIME AN ESTATE MUST REMAIN OPEN
19.8 PAYMENT OF FUNDS INTO COURT WHEN PARTY ENTITLED
THERETO CANNOT BE FOUND
19.9 RESIGNATION OR DEATH OF A FIDUCIARY
19.901 In General
19.902 Resignation of a Fiduciary
19.903 Death of a Fiduciary
19.10 WRITINGS INTENDED AS WILLS AND REFORMATION OF WILLS
CHAPTER 20: FEES ALLOWED THE COMMISSIONER OF ACCOUNTS
20.1 STATUTORY AUTHORITY FOR FEES
20.2 SOURCE AND PURPOSE OF COMMISSIONERS’ FEES
20.3 RECOMMENDED UNIFORM FEE SCHEDULE GUIDELINES FOR
COMMISSIONERS OF ACCOUNTS
CHAPTER 21: GUIDELINES FOR FIDUCIARY COMPENSATION
21.1 INTRODUCTION
APPENDIX OF CIRCUIT COURT FIDUCIARY FORMS
TABLE OF AUTHORITIES
INDEX