64.1-131 - When court may allow another to qualify on estate.
§ 64.1-131. When court may allow another to qualify on estate.
If at any time two months elapse without there being an executor oradministrator of the estate of a decedent, except during a contest about thedecedent's will or during the infancy or absence of the executor, the court,or the clerk thereof, in which or by whose clerk the will was admitted torecord or which has jurisdiction to grant administration on the decedent'sestate shall, on the motion of any person, order any person of the county orcity to take into his possession the estate of such decedent and administerthe same after the fixing and posting of proper bond. However, any sheriff soordered may decline the appointment if the appointment interferes with hiscurrent duties or obligations. Thereupon such person shall be theadministrator, or administrator de bonis non, of the decedent, with his willannexed, if there be a will, and shall be thenceforward entitled to all therights and bound to perform all the duties of such administrator. The courtmay, however, at any time afterwards, on reasonable notice to such person,revoke such order made by it or its clerk and the court may in a proper caseafter reasonable notice to the parties in interest permit the person toresign and allow any other person to qualify as executor or administrator.When an estate is committed to a person on the motion of a creditor or otherperson, the state tax due for such administration shall be paid by the partyupon whose motion the estate was committed and the same shall be repaid tohim by the administrator so appointed out of the first funds received by himfor such estate.
(Code 1950, § 64-124; 1968, c. 656; 1971, Ex. Sess., c. 155; 1980, c. 438;1996, c. 317.)