Code of Virginia

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Code of Virginia
Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 24. Conservators of Property of Absentees
9/20/2021

Chapter 24. Conservators of Property of Absentees.

§ 64.2-2400. Appointment of conservator; jurisdiction and procedure.

A. For purposes of this chapter:

"Absentee" means a person who is a resident of the Commonwealth or a nonresident of the Commonwealth who has an interest in any property located within the Commonwealth who (i) disappears or absents himself from his usual place of residence, (ii) is reported or listed as missing or missing in action, or (iii) is interned in a neutral country or captured by an enemy country.

B. Upon the filing of a petition for the appointment of a conservator, the court having probate jurisdiction in the city or county of the absentee's legal residence or, if such absentee is a nonresident, the court having probate jurisdiction in the city or county where the property is located, may appoint, upon good cause shown, a conservator to take charge of the absentee's estate. If the absentee is a nonresident, the petition shall allege the facts and show the necessity for providing for the care of the property of the absentee. The petition may be filed by any person who would have an interest in the property of the absentee were he deceased, including a creditor of the absentee, or made on the court's own motion, and after notice is given to the heirs and next of kin of such absentee, as provided by law.

1944, p. 361; Michie Suppl. 1946, § 5400b; Code 1950, § 26-68; 2012, c. 614.

§ 64.2-2401. Bond; orders as to management of estate; support of dependents.

The court shall require that any conservator appointed pursuant to § 64.2-2400 post a bond in an amount deemed sufficient by the court. The court shall also enter any orders it deems necessary (i) directing the conservator in the management, operation, and control of the estate and (ii) requiring the conservator to make ample and suitable provisions out of the estate in his possession, subject to the rights of creditors, for the support of the absentee's spouse and minor children, as well as any other person dependent upon the absentee for support and maintenance. The court shall require the conservator to make reports from time to time as the court may deem expedient.

1944, p. 362; Michie Suppl. 1946, § 5400c; Code 1950, § 26-69; 2012, c. 614; 2020, c. 900.

§ 64.2-2402. Proceedings to sell property of absentee after failure to locate heirs.

Any duly appointed conservator of the estate of a person who is known to be dead or who is presumed to be dead pursuant to Chapter 23 (§ 64.2-2300 et seq.), after making a diligent but unsuccessful effort to locate the heirs of such person for a period of at least two years after the person's death became known or presumed, may petition the court having jurisdiction over real property owned by the decedent for permission to sell such property. Proceedings under this section shall conform as nearly as practicable to proceedings relating to judicial sales of real property owned by an infant. The conservator shall account for the proceeds of the sale, and the net proceeds of the sale, after disbursement of costs, shall be conserved in such manner as the court deems proper.

1954, c. 387, § 26-68.1; 1996, cc. 675, 684; 2012, c. 614.

§ 64.2-2403. Termination of conservatorship.

At any time upon petition of the absentee, or upon the petition of a duly constituted attorney-in-fact of the absentee, if the court is of the opinion that such power of attorney is valid, the court shall terminate the conservatorship and shall transfer all property held for such absentee to him, or to such attorney-in-fact. However, if the court finds that during the pendency of the conservatorship the absentee has died, and an administrator or executor has been appointed for the absentee's estate, the court shall order the conservator to settle the accounts of his transactions before the court and shall direct the payment or transfer of such estate then remaining to the administrator or executor.

1944, p. 362; Michie Suppl. 1946, § 5400d; Code 1950, § 26-70; 2012, c. 614.

§ 64.2-2404. Expenses and compensation.

The court may allow to such conservator such expenses and compensation as the court determines to be fair and reasonable for services performed under his appointment.

1944, p. 362; Michie Suppl. 1946, § 5400e; Code 1950, § 26-71; 2012, c. 614.