A. When discretionary powers are conferred upon the executors under any will and some, but not all, of the executors die, resign, or become incapable of acting, the executors or executor remaining shall continue to exercise the discretionary powers conferred by the will, unless the will expressly provides that the discretionary powers cannot be exercised by fewer than all of the original executors named in the will.
B. When discretionary powers are conferred upon the executors under any will and all of the executors or the sole executor if only one is named in the will dies, resigns, or becomes incapable of acting, the administrator with the will annexed appointed by the court shall exercise the discretionary powers conferred by the will upon the original executors or executor, unless the will expressly provides that the discretionary powers can only be exercised by the executors or executor named in the will.
Code 1950, § 64-132; 1968, c. 656, § 64.1-142; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 5 - Personal Representatives and Administration of Estates
§ 64.2-500. Grant of administration with the will annexed
§ 64.2-501. Oath of executor or administrator with the will annexed
§ 64.2-502. Grant of administration of intestate estate
§ 64.2-503. Oath and bond of administrator of intestate estate
§ 64.2-504. Bond of executor or administrator
§ 64.2-505. When security not required
§ 64.2-506. When letters of administration and order for obtaining probate in due form are required
§ 64.2-507. Clerks to deliver statement of responsibilities
§ 64.2-510. Affidavit relating to real estate of intestate decedent
§ 64.2-511. Powers of executor before qualification
§ 64.2-513. Effect of death, resignation, or removal of sole executor
§ 64.2-514. Duty of every personal representative
§ 64.2-515. Duty of fiduciaries as to joint accounts
§ 64.2-516. Duties of fiduciaries as to certain obligations of the United States
§ 64.2-518. When personal representative may renew obligation of decedent
§ 64.2-520.1. Action for damages from legal malpractice concerning estate planning
§ 64.2-520.2. Reliance on certificate of qualification of a personal representative
§ 64.2-522. Personal representatives to pay over sale proceeds and rents to persons entitled
§ 64.2-523. Personal representative may execute deed pursuant to written contract of decedent
§ 64.2-524. Validation of certain conveyances by foreign executor
§ 64.2-525. Debtor's appointment as executor
§ 64.2-526. What personal estate to be sold; use of proceeds
§ 64.2-527. Estate held for another's life; inclusion in personal estate
§ 64.2-528. Order in which debts and demands of decedents to be paid
§ 64.2-530. Lien acquired during lifetime of decedent not affected
§ 64.2-531. Nonexoneration; payment of lien if granted by agent
§ 64.2-532. Real estate of decedent as assets for payment of debts
§ 64.2-533. Administration of assets for payment of debts
§ 64.2-537. Action to enforce claim of less than $100; notice
§ 64.2-538. Lien acquired during lifetime of decedent not affected
§ 64.2-540. Apportionment required
§ 64.2-541. Recovery by executor when part of estate not in his possession
§ 64.2-542. Transfers not required until tax ascertained or security given
§ 64.2-543. Contrary provisions of will or other instrument to govern
§ 64.2-544. Construction of direction to pay all taxes imposed on account of testator's death
§ 64.2-545. Transfer of assets to administrator de bonis non; administration of assets
§ 64.2-546. Action against representative of executor for waste
§ 64.2-547. Revival of judgment by administrator de bonis non
§ 64.2-548. Action against surety of personal representative; procedure
§ 64.2-549. Liability of personal representative or his surety
§ 64.2-550. Proceedings for receiving proof of debts by commissioners of accounts
§ 64.2-551. Account of debts by commissioners of accounts
§ 64.2-552. How claims filed before commissioners of accounts; tolling of limitations period
§ 64.2-553. When court to order payment of debts
§ 64.2-554. When distribution may be required; refunding bond
§ 64.2-555. When fiduciaries are protected by refunding bonds
§ 64.2-557. Form for notice to show cause under § 64.2-556
§ 64.2-558. Distribution to persons standing in loco parentis to certain beneficiaries