Code of Virginia - Title 26 Fiduciaries Generally - Section 26-37 Disposition of papers relating to estates

§ 26-37. Disposition of papers relating to estates

All inventories and original accounts of sales filed with the clerk as required by §§ 26-14 and 26-16, all reports filed with the clerk under § 26-35 when the same have been actually recorded by the clerk, compared, indexed, and confirmed as respectively required by law, and all vouchers or other evidence filed with the commissioner, the court or the clerk at the time of confirmation of an account and not required as evidence of any further matter of inquiry pending before the court or the commissioner, shall upon request made at the time of filing the same, or in the discretion of the commissioner if no request is made, be returned by the commissioner or by the clerk of the court to the fiduciary or other person who filed the same.

The clerk of court may destroy any papers mentioned in the first paragraph of this section or any other papers relating to estates, when the matter concerned has been closed with final settlement for more than three years and appropriate recordations have been made. However, nothing in this section shall apply to original documents recorded by binding. If recordation is done by facsimile or microfilm reproduction process, such papers may be destroyed if the return thereof was not requested at the time of filing for recordation.

The commissioner of accounts may destroy any papers mentioned in the first paragraph of this section or any other papers relating to estates when the matter concerned has been closed with a confirmed final accounting for more than one year.

(Code 1919, § 5428; 1922, p. 873; 1928, p. 24; 1940, p. 614; 1944, p. 107; 1950, p. 818; 1962, c. 111; 1977, c. 96; 1997, c. 842.)

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Last modified: April 16, 2009