Virginia Consent of Non-Resident Fiduciary

State:
Virginia
Control #:
VA-LOU-18
Format:
PDF
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Description

Consent of Non-Resident Fiduciary

Virginia Consent of Non-Resident Fiduciary is a form designed to allow a non-resident of Virginia to be appointed as a fiduciary in a Virginia estate or trust. This form must be filled out and filed with the Virginia Circuit Court to appoint a non-resident of Virginia as a fiduciary in a Virginia estate or trust. It is used to provide consent to a court to appoint a non-resident as a fiduciary of a Virginia estate/trust and to provide assurance to the court that the non-resident will comply with Virginia laws. There are two types of Virginia Consent of Non-Resident Fiduciary, including the General Consent and the Limited Consent. The General Consent allows the non-resident to act as a fiduciary of a Virginia estate or trust in any capacity, while the Limited Consent only allows the non-resident to act in a specific capacity and with certain restrictions.

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FAQ

Waiver of Qualification. This form is used to evidence the decision not to serve as a personal representative by a person appointed in the will to serve or having preference of appointment under the law.

Virginia's laws of intestate succession state that when a person dies leaving a spouse and children, one-third of the person's assets pass to the spouse and two-thirds of the person's assets pass to the children. If a person does not have any children, all of the assets pass to the spouse.

Basic Requirements for Executors in Virginia Virginia laws do not specify any particular qualifications or characteristics that your executor must have. You can name anyone who you trust, as long as they are willing and able to serve. If you leave a Will, it should name your chosen executor.

A: The certificate of qualification, sometimes referred to as ?letters testamentary,? is the certificate that the personal representative receives from the Clerk at the time of qualification, which states that the person has qualified as executor or administrator and has authority to act on behalf of the estate.

One way is to execute and fund a trust. If all of your assets are in a trust, they will pass through your trust instead of undergoing the probate process. Another way to avoid probate is to add beneficiary designations or ?transfer on death? or ?payable on death? designations on your bank accounts and other assets.

No corporation shall be appointed or allowed to qualify or act as personal representative, or 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, or as one of the guardians of an infant, or

Section 64.2-1411, Code of Virginia, allows for a qualification, without the requirement of surety, where the total assets coming into the possession of the personal representative will be $25,000 or less.

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Virginia Consent of Non-Resident Fiduciary