Virginia Waiver of Final Accounting by Sole Beneficiary

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Multi-State
Control #:
US-03296BG
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Word; 
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Description

In order to close an estate a petition for final distribution should be filed before the court showing that the estate can be closed and requesting distribution to be made to the beneficiaries. Usually when a petition for final distribution is filed, the court requires detailed accounting of all the monies and other items received and all monies paid out during administration. However, the accounting may be waived when all persons entitled to receive property from the estate have executed a written waiver of accounting. Waiver simplifies the closing of the estate. When all the beneficiaries are friendly obtaining waiver is not a problem.

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FAQ

2 When certain conditions exist, however, the accounting may be waived, releasing the executor or administrator from his fiduciary duty. Since relief from the duty of accounting means a savings in time and expense in probating an estate, the busy attorney should be aware of those situations where waiver is applicable.

Definitions. As used in this article, unless the context requires otherwise: "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

For the purpose of selling, assigning, exchanging, transferring, or conveying such investments and property, the fiduciary has the power to make, execute, acknowledge, and deliver any and all instruments of conveyance, deeds of trust, or assignments in such form and with warranties and covenants as the fiduciary deems ...

Grant of certain powers to personal representative or trustee by circuit court. A. Upon the motion of a personal representative or trustee, a circuit court may grant to the personal representative or trustee all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105.

§ 64.2-403. A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses.

§ 64.2-100. "Bona fide purchaser" means a purchaser of property for value who has acted in the transaction in good faith. Notice of a seller's marital status, or notice of the existence of a premarital or marital agreement, does not affect the status of a bona fide purchaser.

The circuit court may appoint a substitute corporate trustee whenever a corporate trustee removes the management function over an existing trust which was previously managed in the Commonwealth to a jurisdiction outside of the Commonwealth if the court finds that the management of the trust after such removal results ...

Unless a contrary intent is expressed in or to be implied from a will or trust: (i) interest on a pecuniary legacy begins to run at the expiration of one year after the date of the death of the testator and (ii) interest on a pecuniary amount from a trust begins to run at the expiration of one year after the date on ...

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Virginia Waiver of Final Accounting by Sole Beneficiary