A. If the powers of a personal representative have ceased and there is an administrator de bonis non of the decedent's estate, the personal representative may pay and deliver to such administrator de bonis non, with the consent of the court or clerk before which the administrator de bonis non qualified, the assets of the decedent, whether converted or not, for which such former personal representative is responsible. The court or clerk shall not consent to the payment and delivery of such assets to the administrator de bonis non unless the administrator de bonis non gives a bond sufficient to cover the additional assets to be paid or delivered to him. The administrator de bonis non shall administer such assets paid or delivered to him as assets received in due course of administration. The administrator de bonis non shall provide a receipt for such assets in the form of a voucher in the settlement of the accounts of the former personal representative. The former personal representative shall not be liable for the assets lawfully paid or delivered to the administrator de bonis non.
B. The administrator de bonis non may bring an action against the former personal representative or his estate for mismanagement or to compel the payment and delivery to the administrator de bonis non of the assets of the decedent that were wrongfully converted by the former personal representative.
C. Nothing contained in this section shall (i) limit the liability of the former personal representative and his sureties for any breach of duty committed by him with respect to the assets of the decedent's estate before they were paid over and delivered to the administrator de bonis non by him or (ii) bar the beneficiaries, creditors, or any other parties in interest from bringing any action against the former personal representative for his acts or omissions while serving as the personal representative.
Code 1950, § 64-156; 1968, c. 656, § 64.1-166; 1991, c. 58; 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