                                 CODE OF VIRGINIA

NONRESIDENT FIDUCIARIES (§ 64.2-1426)

A. A natural person who is not a resident of the Commonwealth may be appointed
or allowed to qualify or act as the personal representative, or trustee under a
will, of any decedent, or appointed as the guardian of an infant&#8217;s estate
or the guardian or conservator of the property of an incapacitated person under
Chapter 20 (&#xA7; 64.2-2000 et seq.) or Chapter 21 (&#xA7; 64.2-2100 et seq.).
			Qualification of such person as a personal representative, or trustee under a
will, of any decedent shall be subject to the provisions of Article 1 (&#xA7;
64.2-500 et seq.) of Chapter 5.			At the time of qualification or appointment,
each such nonresident shall file with the clerk of the circuit court of the
jurisdiction wherein the qualification is had or appointment is made his consent
in writing that service of process in any action or proceeding against him as
personal representative, trustee under a will, conservator, or guardian, or any
other notice with respect to the administration of the estate, trust, or person
in his charge in the Commonwealth may be by service upon the clerk of the court
in which he is qualified or appointed, or upon such resident of the Commonwealth
and at such address as the nonresident may appoint in the written instrument. In
the event of the death, removal, resignation, or absence from the Commonwealth
of a resident agent or any successor named by a similar instrument filed with
the clerk, or if a resident agent or any such successor cannot with due
diligence be found for service at the address designated in such instrument,
then any process or notice may be served on the clerk of the circuit court.
Notwithstanding &#xA7;&#xA7; 64.2-505 and 64.2-2011, where any nonresident
qualifies, other than as a guardian of an incapacitated person, pursuant to this
subsection, bond with surety shall be required in every case, unless a resident
personal representative, trustee, or fiduciary qualifies at the same time or the
court or clerk making the appointment waives surety under the provisions of
&#xA7; 64.2-1411.

B. A corporation shall not be appointed or allowed to qualify or act as personal
representative, as trustee under a will, or as one of the personal
representatives or trustees under a will of any decedent, or appointed or
allowed to qualify or act as guardian of an infant, as one of the guardians of
an infant, as guardian of the person or property of an incapacitated person
under Chapter 20 (&#xA7; 64.2-2000 et seq.) or Chapter 21 (&#xA7; 64.2-2100 et
seq.), or as one of the guardians or conservators, unless the corporation is
authorized to do business in the Commonwealth. Nothing in this section shall be
construed to impair the validity of any appointment or qualification made prior
to January 1, 1962, nor to affect in any way the other provisions of this
chapter or of &#xA7; 64.2-609. The provisions of this section shall not
authorize or allow any appointment or qualification prohibited by &#xA7;
6.2-803.

C. The fact that an individual nominated or appointed as the guardian of the
person of an infant is not a resident of the Commonwealth shall not prevent the
qualification of the individual to serve as the sole guardian of the person of
the infant.

HISTORY: 1924, p. 415; 1936, p. 760; Michie Code 1942, § 5400a; 1950, p. 724,
§ 26-59; 1962, c. 576; 1983, c. 467; 1984, c. 39; 1986, cc. 53, 543; 1989, c.
535; 1995, cc. 678, 684; 1996, c. 680; 1997, c. 921; 2001, c. 836; 2011, c. 518;
2012, c. 614.