When any nonresident infant or incapacitated person is entitled to property or money in the Commonwealth, a petition to remove the property or money to the domicile of the infant or incapacitated person may be filed by his guardian, conservator, committee, or other fiduciary lawfully appointed and qualified in the state or country of his residence, in the circuit court of the county or city in which the property or money, or some part thereof, is located. If entitlement to the property or money was acquired other than by a will or was acquired by a will that restricts the transfer out of the Commonwealth, the infant or incapacitated person, and the guardian of the infant or the conservator or other fiduciary of the incapacitated person appointed in the Commonwealth, if there is one, shall be made a party defendant to this petition. The court shall appoint a guardian ad litem for the infant or incapacitated person who, as well as the conservator or other fiduciary, if there is one, shall answer the petition on oath. Upon a hearing of the case on its merits, or upon the petition without hearing if entitlement to the property or money was acquired by a will that does not restrict the transfer out of the Commonwealth, the court may order the fiduciary to pay and deliver to the foreign guardian, conservator, committee, or fiduciary, or his agent or attorney, all personal property and money in his possession belonging to the infant or incapacitated person, and authorize the foreign guardian, conservator, committee, or fiduciary to sue for, recover, and receive all money and personal property, including the accruing rents of his real estate, that belongs to the infant or incapacitated person in the same manner as if he were appointed a guardian, conservator, committee, or fiduciary of the infant or incapacitated person in the Commonwealth, and to remove the money and personal property to the state or country in which the foreign fiduciary was appointed and qualified.
Code 1919, § 5350; Code 1950, § 26-60; 1968, c. 399; 1983, c. 487; 1997, c. 801; 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