Chap. 292.—An ACT to amend and re-enact Sections 5358, 5360, and 5371-a of
the Code of Virginia, relating to the appointment of administrators and ad-
ministrators with the will annexed, and the bonds required of certain personal
representatives, guardians and committees. fH} B 157]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections fifty-three hundred fifty-eight, fiftv-three hun-
dred sixty, and fifty-three hundred seventy-one-a of the Code of Vir-
ginia be amended and re-enacted, as follows:

Section 5358. When and to whom administration, with the will
annexed, may be granted.—lf there be no executor appointed by the will,
or if all the executors therein named refuse the executorship, or fail to
give such bond when required, which shall amount to such retusal, or
having qualified die, resign or are removed from office, the court, or
clerk, may grant administration with the will annexed, to the 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 admin-
istration 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.

Section 5360. What clerk or court to appoint administrator of an
estate; who to be preferred.—In the case of a person dying intestate
the jurisdiction to hear and determine the right of administration of his
estate shall be in the same court or before the same clerk who would have
jurisdiction as to the probate of his will, if there was a will. Administra-
tion shall be granted to the distributees who apply therefor, preferring
first the husband or wife, and then such of the others entitled to distribu-
tion as the court or clerk shall see fit. But any of the distributees may
at any time waive their right to qualify in favor of any other person to
be designated by them. If no distributees apply for administration with-
in thirty days from the death of the intestate, the court or clerk may
grant administration to one or more of the creditors, or to any other
person, 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.

Section 5371l-a. Qualification without security when estate does
not exceed a certain amount; costs waived in certain cases.—The several
courts in this State, and the clerks thereof, having jurisdiction to appoint
personal representatives, guardians and committees may, in their dis-
cretion, when the amount coming into the hands or possession of the per-
sonal representative, guardian or committee does not exceed five hun-
dred dollars, allow any such personal representative, guardian or com-
mittee to qualify by giving bond without surety, and on estates of de-
cedents of one hundred dollars or less in value, there shall be no tax or
court costs upon such qualification.