§ 64.1-116. When and to whom administration, with the will annexed, may be granted
If there be no executor appointed by the will or if all the executors therein named refuse the executorship or fail to give bond when required, which shall amount to such refusal, or having qualified die, resign or are removed from office, the court or clerk may grant administration with the will annexed to a person who is a residual or a substantial legatee under the will, or his designee, and upon the failure of any such person so to apply within thirty days, to a person who would have been entitled to administration if there had been no will, upon his taking such oath and giving such bond; provided that administration shall not be granted to any person unless the court or clerk is satisfied that he is suitable and competent to perform the duties of his office. If any beneficiary of the estate objects, no husband, wife or parent who has been barred from all interest in the estate because of desertion or abandonment as provided under § 64.1-16.3 shall be suitable to serve as an administrator of the estate of the deceased spouse or child, as the case may be.
(Code 1950, § 64-112; 1968, c. 656; 1979, c. 323; 2000, c. 321.)
Sections: 64.1-116 64.1-117 64.1-118 64.1-119 64.1-120 64.1-121 64.1-122 64.1-122.1 64.1-122.2 64.1-123 64.1-123.1 64.1-123.2 64.1-123.3 64.1-124 64.1-124.1 NextLast modified: April 16, 2009