A. Regardless of whether a fiduciary has given bond with or without sureties, at any time the circuit court under whose order or under the order of whose clerk any such fiduciary derives his authority shall, on the application of any surety or his personal representative, or may, (i) upon motion of the fiduciary or (ii) when it appears proper on report of the clerk or a commissioner of accounts or on evidence adduced before it by any interested party, order the fiduciary to give before the court or clerk a new bond or additional bond in a reasonable time as prescribed by the court and in such penalty and with or without sureties as the court deems proper. The new bond or additional bond shall have the effect provided by § 49-14. In all cases where the fiduciary qualified pursuant to an order issued by a clerk, the clerk shall have the same power as the court regarding bond and surety under this section. If the order of the court or clerk is not complied with, or whenever from any cause it appears proper, the court may revoke and annul the powers of any such fiduciary. However, no such order shall be made unless reasonable notice appears to have been given to the fiduciary by (a) the commissioner of accounts who made the report, (b) the surety or his representative making the application, or (c) the service of a rule or otherwise. No order or revocation shall invalidate any previous act of such fiduciary.
B. When the court or clerk orders a new bond, additional bond, or a reduction in bond, the court or clerk shall, in lieu of requiring a personal appearance by the fiduciary for the execution thereof, allow the fiduciary's execution to be made by the fiduciary's agent under a power of attorney expressly authorizing the same.
Code 1919, § 5417; Code 1950, § 26-3; 1966, c. 328; 1997, c. 842; 2001, c. 79; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 14 - Fiduciaries Generally
§ 64.2-1402. Jurisdiction for qualification of certain testamentary trustees and trustees generally
§ 64.2-1403. Qualification of trustees
§ 64.2-1404. New fiduciary appointed when authority of former revoked
§ 64.2-1406. Notice required; certain substitutions validated
§ 64.2-1407. Who to execute the trust until new trustee appointed
§ 64.2-1408. Circuit court may exercise same powers in suit to enforce or administer trust
§ 64.2-1409. Information to be provided to clerk by fiduciary
§ 64.2-1412. How trustee required to give bond; when to be removed and another appointed
§ 64.2-1414. Effect of orders of qualification of bank as committee or guardian
§ 64.2-1415. Liability for losses by negligence or failure to make defense
§ 64.2-1416. Liability of fiduciary for actions of cofiduciary
§ 64.2-1417. How judgment may be entered against personal representative, conservator, or committee
§ 64.2-1418. Court order for payments due from fiduciaries; effect
§ 64.2-1420. Clerk to mail notice, process, or rule to person served
§ 64.2-1421. What judgment or decree based upon service upon clerk shall specifically adjudicate
§ 64.2-1422. Environmental liability of fiduciaries
§ 64.2-1424. Resignation by fiduciary of his trust
§ 64.2-1425. How securities transferred to successor
§ 64.2-1426. Nonresident fiduciaries
§ 64.2-1429. Notice and bond required prior to transfer
§ 64.2-1430. When bond may be dispensed with
§ 64.2-1431. Sale of property and payment of proceeds to nonresident trustee
§ 64.2-1432. Discharge from liability of resident guardian, committee, conservator, or trustee