Detailed Answer
Appointment of a Guardian of the Estate
Under Virginia law, when a minor holds an interest in an estate—such as an inheritance, proceeds from a sale, or life insurance benefits—the court must appoint a guardian of the minor’s property to manage those assets until the minor reaches age 18. Any interested party (often a parent or personal representative of the decedent’s estate) may file a petition in the circuit court of the jurisdiction where the estate is probated.
The petition must comply with Virginia Code § 64.2-601, which requires the petitioner to identify the minor, describe the assets, and state why appointment serves the minor’s best interest. Notice of the hearing must go to the minor’s parents, next of kin, and other interested parties under § 64.2-602. The court holds a hearing to evaluate the guardian’s qualifications, including financial suitability and absence of conflicts. If approved, the guardian posts any required bond, takes an oath, and receives letters of guardianship under § 64.2-603. The guardian must manage the assets prudently and file annual accountings with the court. For more detail, see Virginia Code § 64.2-601 and § 64.2-602.
Key statutes:
- § 64.2-601. Petition for appointment; jurisdiction
- § 64.2-602. Notice of hearing; order
- § 64.2-603. Bond and letters
Appointment of a Guardian ad Litem
In disputes or litigation concerning a minor’s share of an estate—such as will contests, partition actions, or surcharge cases—the court often appoints a guardian ad litem to represent the minor’s interests. Under Virginia Code § 8.01-11, any party may request a guardian ad litem, or the court may appoint one on its own initiative. The guardian ad litem investigates the facts, advises the court on the minor’s best interest, and may engage counsel on behalf of the minor. The guardian ad litem does not manage funds long term but ensures the minor’s rights are protected throughout the proceeding. The court orders compensation for the guardian ad litem, typically paid from estate assets.
Key statute:
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- File the petition in the probate court handling the decedent’s estate promptly to avoid delays in receiving funds.
- Provide full disclosure of all assets and interested parties to satisfy notice requirements under Virginia law.
- Choose a guardian or guardian ad litem with financial experience and no conflicts of interest.
- Prepare and file annual accountings on time to maintain compliance and avoid court sanctions.
- Keep clear records of all transactions and communications with the court.
- If litigation arises, request a guardian ad litem early to ensure the minor’s rights are protected.