§ 64.1-118. What clerk or court to appoint administrator of estate; who to bepreferred.
A. The court or the clerk who would have jurisdiction as to the probate of awill, if there were a will, shall have the jurisdiction to hear and determinethe right of administration of the estate in the case of a person dyingintestate. Administration shall be granted as follows:
1. During the first thirty days following the intestate's death, the clerkmay grant administration (i) to a sole distributee or his designee or (ii) inthe absence of a sole distributee, to any distributee or his designee whopresents written waivers of right to qualify from all other competentdistributees.
2. After thirty days have passed since the intestate's death, the clerk maygrant administration to the first distributee, or his designee, who appliestherefor, without either waiting for any further period of time, or requiringthe consent or waiver of any other distributee; provided, however, that if,during the first thirty days following the intestate's death, more than onedistributee notifies the clerk of an intent to qualify after the thirty-dayperiod has elapsed, the clerk shall not appoint any distributee, or hisdesignee, until the clerk has given all such distributees an opportunity tobe heard.
3. After 45 days have passed since the intestate's death, the clerk may grantadministration to any nonprofit charitable organization that operated as aconservator or guardian for the decedent at the time of his death; however,(i) if, during the first 45 days following the intestate's death, anydistributee notifies the clerk of an intent to qualify after the 45-dayperiod has elapsed, the clerk shall not appoint any such organizationadministrator until the clerk has given all such distributees an opportunityto be heard, and (ii) such organization certifies that it has made a diligentsearch to find an address for any sole distributee and has given not lessthan 30 days notice by certified mail of its intention to apply foradministration to the last known address or addresses of the distributeediscovered or, alternatively, that it has not been able to find any suchaddress. Qualification of such organization is not subject to challenge onaccount of a failure to have made the certification herein required.
4. After sixty days have passed since the intestate's death, the clerk maygrant administration to one or more of the creditors or to any other person,provided such creditor or other person certifies that he has made diligentsearch to find an address for any sole distributee and has given not lessthan thirty days notice by certified mail of his intention to apply foradministration to the last known address or addresses of the distributeediscovered or alternatively, that he has not been able to find any suchaddress. Qualification of a creditor or person other than a distributee isnot subject to challenge on account of a failure to have made thecertification herein required.
5. The court may appoint administrators under the same conditions as hereinprovided for the clerk, and when the court determines that it is in the bestinterests of an intestate's estate, the court may depart therefrom at anytime and appoint such person as the court, in the exercise of its discretion,deems most appropriate.
B. The court or clerk shall not grant administration to any person unlesssatisfied that he is suitable and competent to perform the duties of hisoffice. A person under a disability as defined in § 8.01-2 is not eligible toqualify.
C. If any beneficiary of the estate objects, no husband, wife or parent whohas been barred from all interest in the estate because of desertion orabandonment as provided under § 64.1-16.3 is suitable to serve as anadministrator of the estate of the deceased spouse or child, as the case maybe.
(Code 1950, § 64-114; 1968, c. 656; 1978, c. 483; 2000, c. 321; 2002, c. 197;2006, c. 724.)
§ 64.1-118. What clerk or court to appoint administrator of estate; who to bepreferred.
A. The court or the clerk who would have jurisdiction as to the probate of awill, if there were a will, shall have the jurisdiction to hear and determinethe right of administration of the estate in the case of a person dyingintestate. Administration shall be granted as follows:
1. During the first thirty days following the intestate's death, the clerkmay grant administration (i) to a sole distributee or his designee or (ii) inthe absence of a sole distributee, to any distributee or his designee whopresents written waivers of right to qualify from all other competentdistributees.
2. After thirty days have passed since the intestate's death, the clerk maygrant administration to the first distributee, or his designee, who appliestherefor, without either waiting for any further period of time, or requiringthe consent or waiver of any other distributee; provided, however, that if,during the first thirty days following the intestate's death, more than onedistributee notifies the clerk of an intent to qualify after the thirty-dayperiod has elapsed, the clerk shall not appoint any distributee, or hisdesignee, until the clerk has given all such distributees an opportunity tobe heard.
3. After 45 days have passed since the intestate's death, the clerk may grantadministration to any nonprofit charitable organization that operated as aconservator or guardian for the decedent at the time of his death; however,(i) if, during the first 45 days following the intestate's death, anydistributee notifies the clerk of an intent to qualify after the 45-dayperiod has elapsed, the clerk shall not appoint any such organizationadministrator until the clerk has given all such distributees an opportunityto be heard, and (ii) such organization certifies that it has made a diligentsearch to find an address for any sole distributee and has given not lessthan 30 days notice by certified mail of its intention to apply foradministration to the last known address or addresses of the distributeediscovered or, alternatively, that it has not been able to find any suchaddress. Qualification of such organization is not subject to challenge onaccount of a failure to have made the certification herein required.
4. After sixty days have passed since the intestate's death, the clerk maygrant administration to one or more of the creditors or to any other person,provided such creditor or other person certifies that he has made diligentsearch to find an address for any sole distributee and has given not lessthan thirty days notice by certified mail of his intention to apply foradministration to the last known address or addresses of the distributeediscovered or alternatively, that he has not been able to find any suchaddress. Qualification of a creditor or person other than a distributee isnot subject to challenge on account of a failure to have made thecertification herein required.
5. The court may appoint administrators under the same conditions as hereinprovided for the clerk, and when the court determines that it is in the bestinterests of an intestate's estate, the court may depart therefrom at anytime and appoint such person as the court, in the exercise of its discretion,deems most appropriate.
B. The court or clerk shall not grant administration to any person unlesssatisfied that he is suitable and competent to perform the duties of hisoffice. A person under a disability as defined in § 8.01-2 is not eligible toqualify.
C. If any beneficiary of the estate objects, no husband, wife or parent whohas been barred from all interest in the estate because of desertion orabandonment as provided under § 64.1-16.3 is suitable to serve as anadministrator of the estate of the deceased spouse or child, as the case maybe.
(Code 1950, § 64-114; 1968, c. 656; 1978, c. 483; 2000, c. 321; 2002, c. 197;2006, c. 724.)
§ 64.1-118. What clerk or court to appoint administrator of estate; who to bepreferred.
A. The court or the clerk who would have jurisdiction as to the probate of awill, if there were a will, shall have the jurisdiction to hear and determinethe right of administration of the estate in the case of a person dyingintestate. Administration shall be granted as follows:
1. During the first thirty days following the intestate's death, the clerkmay grant administration (i) to a sole distributee or his designee or (ii) inthe absence of a sole distributee, to any distributee or his designee whopresents written waivers of right to qualify from all other competentdistributees.
2. After thirty days have passed since the intestate's death, the clerk maygrant administration to the first distributee, or his designee, who appliestherefor, without either waiting for any further period of time, or requiringthe consent or waiver of any other distributee; provided, however, that if,during the first thirty days following the intestate's death, more than onedistributee notifies the clerk of an intent to qualify after the thirty-dayperiod has elapsed, the clerk shall not appoint any distributee, or hisdesignee, until the clerk has given all such distributees an opportunity tobe heard.
3. After 45 days have passed since the intestate's death, the clerk may grantadministration to any nonprofit charitable organization that operated as aconservator or guardian for the decedent at the time of his death; however,(i) if, during the first 45 days following the intestate's death, anydistributee notifies the clerk of an intent to qualify after the 45-dayperiod has elapsed, the clerk shall not appoint any such organizationadministrator until the clerk has given all such distributees an opportunityto be heard, and (ii) such organization certifies that it has made a diligentsearch to find an address for any sole distributee and has given not lessthan 30 days notice by certified mail of its intention to apply foradministration to the last known address or addresses of the distributeediscovered or, alternatively, that it has not been able to find any suchaddress. Qualification of such organization is not subject to challenge onaccount of a failure to have made the certification herein required.
4. After sixty days have passed since the intestate's death, the clerk maygrant administration to one or more of the creditors or to any other person,provided such creditor or other person certifies that he has made diligentsearch to find an address for any sole distributee and has given not lessthan thirty days notice by certified mail of his intention to apply foradministration to the last known address or addresses of the distributeediscovered or alternatively, that he has not been able to find any suchaddress. Qualification of a creditor or person other than a distributee isnot subject to challenge on account of a failure to have made thecertification herein required.
5. The court may appoint administrators under the same conditions as hereinprovided for the clerk, and when the court determines that it is in the bestinterests of an intestate's estate, the court may depart therefrom at anytime and appoint such person as the court, in the exercise of its discretion,deems most appropriate.
B. The court or clerk shall not grant administration to any person unlesssatisfied that he is suitable and competent to perform the duties of hisoffice. A person under a disability as defined in § 8.01-2 is not eligible toqualify.
C. If any beneficiary of the estate objects, no husband, wife or parent whohas been barred from all interest in the estate because of desertion orabandonment as provided under § 64.1-16.3 is suitable to serve as anadministrator of the estate of the deceased spouse or child, as the case maybe.
(Code 1950, § 64-114; 1968, c. 656; 1978, c. 483; 2000, c. 321; 2002, c. 197;2006, c. 724.)
