If a fiduciary wholly fails to file an account before the commissioner of accounts containing a statement of all matters required in § 64.2-1206, together with all other statements and items therein required for any year, within four months after the year's expiration or, though the fiduciary files an account before the commissioner of accounts, if the commissioner of accounts finds the fiduciary is chargeable for that year with any money or other property not included in the statement, the fiduciary shall receive no compensation for his services during such year or any commission on such money or other property unless allowed by the commissioner of accounts for good cause shown. The circuit court shall review the commissioner of accounts' action in such case upon the filing of timely exceptions by any interested person. This section shall not apply to a fiduciary who has filed a statement of his accounts within such year before a commissioner in chancery who in a pending suit has been ordered to settle his account.
Code 1919, § 5409; 1946, p. 326; Code 1950, § 26-19; 1999, c. 378; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 12 - Commissioners of Accounts
§ 64.2-1200. Commissioners of accounts
§ 64.2-1201. Appointment of assistant commissioners of accounts; duties and powers
§ 64.2-1203. Subpoena powers of commissioners of accounts, assistants, and deputies; penalty
§ 64.2-1205. Commissioners of accounts to inspect and file inventories with clerks
§ 64.2-1206. Settlement of fiduciaries' accounts
§ 64.2-1207. Settlement for year to include unsettled portion of preceding year
§ 64.2-1208. Expenses and commissions allowed fiduciaries
§ 64.2-1209. Who may insist or object before commissioner of accounts
§ 64.2-1210. Accounts and debts and demands to be reported
§ 64.2-1211. Where filed; notice to certain parties
§ 64.2-1212. Exceptions to report; examination, correction, and confirmation
§ 64.2-1213. Effect of confirmation of report
§ 64.2-1214. Recordation of report
§ 64.2-1215. Power of commissioner of accounts to enforce the filing of inventories
§ 64.2-1216. Failure to account; enforcement
§ 64.2-1217. Forfeiture of fiduciary's commission
§ 64.2-1218. When fiduciaries personally liable for costs
§ 64.2-1219. Fees of commissioners of accounts
§ 64.2-1220. Receipt for vouchers filed in settlement; effect thereof
§ 64.2-1221. Report on fiduciaries' bonds; "record of fiduciaries."