A. The circuit court or the clerk at the time of the confirmation of an account shall return all inventories and original accounts of sales filed with the clerk of the circuit court as required by §§ 64.2-1205 and 64.2-1310, all reports filed with the clerk under § 64.2-1214 when the reports have been actually recorded by the clerk, compared, indexed, and confirmed as required by law, and all vouchers or other evidence filed with the commissioner of accounts upon request made at the time of such filing, or in the discretion of the commissioner of accounts if no request is made, to the fiduciary or other person who filed such inventories, accounts, reports, vouchers, or other evidence, provided, however, that such inventories, accounts, reports, vouchers, or other evidence is not required as evidence of any further matter of inquiry pending before the court or the commissioner of accounts.
B. The clerk of court may destroy any papers mentioned in subsection A or any other papers relating to estates, when the matter concerned has been closed with a final settlement for more than three years and appropriate recordations have been made. However, nothing in this section shall apply to original documents recorded by binding. If recordation is done by facsimile or microfilm reproduction process, such papers may be destroyed if the return of such papers was not requested at the time of filing for recordation.
C. The commissioner of accounts may destroy any papers mentioned in subsection A or any other papers relating to estates when the matter concerned has been closed with a confirmed final accounting for more than one year.
Code 1919, § 5428; 1922, p. 873; 1928, p. 24; 1940, p. 614; 1944, p. 107; 1950, p. 818, § 26-37; 1962, c. 111; 1977, c. 96; 1997, c. 842; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 13 - Inventories and Accounts
§ 64.2-1300. Inventories to be filed with commissioners of accounts
§ 64.2-1301. When inventory and settlement not required
§ 64.2-1302. Waiver of inventory and settlement for certain estates
§ 64.2-1303. Copies of inventories and accounts to be provided by personal representatives
§ 64.2-1304. Personal representatives
§ 64.2-1306. Testamentary trustees
§ 64.2-1308. Forms for inventories and accounts
§ 64.2-1309. Accounts of sales under deeds of trust
§ 64.2-1310. Recordation of inventories and accounts of sales
§ 64.2-1313. Exhibition of accounts when sum does not exceed certain amount
§ 64.2-1315. Certification and recording of accounts settled in a judicial proceeding