2.2 Who May Qualify as Personal Representative

• Library: Estate and Trust Administration in Virginia (Virginia CLE) (2019 Ed.)

2.2 WHO MAY QUALIFY AS PERSONAL REPRESENTATIVE

2.201 Where There Is a Will.

A. Individuals. Where there is a will, individuals (natural persons) may qualify if they satisfy the following requirements:

1.	The person must be 18 years of age or older;
2.	If surety on the personal representative's bond is required, the individual must be able to obtain that surety; and

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3. A nonresident of Virginia must comply with section 64.2-1426 of the Virginia Code, which requires the person to file with the clerk at the time of appointment a written consent to service of process upon the clerk or upon a Virginia resident and to give bond with surety in every case unless a resident personal representative qualifies at the same time. The surety may also be waived if the value of the estate's assets does not exceed $25,000. ⁴

B. Institutions. A professional law corporation authorized to do business in Virginia may qualify in any fiduciary capacity. ⁵ Other corporations must also be authorized to do business in the commonwealth to qualify as personal representatives or trustees. ⁶ Section 6.2-1001 of the Virginia Code specifies the types of entities that may engage in the trust business in Virginia. Pursuant to that section, a private trust company, formed in accordance with the provisions of section 6.2-1074 et seq., may serve as an executor for members of the family that established the private trust company.

C. Administrator c.t.a. The court or clerk may grant administration with the will annexed to a residual or substantial legatee or his or her designee or, upon failure of such person to apply within 30 days, to a person entitled to administration as if there had been no will, provided the court or clerk is satisfied that the person is suitable and competent to perform the duties of the office. ⁷

2.202 Where There Is No Will. Section 64.2-502 of the Virginia Code provides that when an administrator is to be appointed, the following rules apply:

1. An individual must be 18 years of age or older and if surety on the bond is required must be able to obtain that surety;

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2.	The court or clerk must be satisfied that the person is suitable and competent to perform the duties of the office;
3.	A person under a disability as defined in section 8.01-2 is not eligible to qualify as an administrator;
4.	If any beneficiary of the estate objects, the clerk may not appoint as administrator a

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