Commissioner of Accounts for the Circuit Court of Henrico County, Virginia
THE OFFICE OF THE COMMISSIONER OF ACCOUNTS
The Office of The Commissioner of Accounts is charged with the supervision of Court appointed fiduciaries on decedent's estates, testamentary trusts, conservatorships, guardianships of the property of minors and foreclosures of real estate.
We are charged with enforcing the timely filing of properly stated and documented inventories and accounts, and we do this by delinquency letters, issuance of summonses and reporting any failure to file or properly administer an estate to the Court and by requesting a show cause for an appearance in court if you have failed to properly perform your duties.
We do not prepare your inventory and accounts. We audit what you are required to prepare in proper format.
We do not provide legal advice in the completion of your duties. An estate attorney should be consulted for answers to legal questions that arise during administration which cannot be answered by reviewing the resource material provided.
In order to inform you how to complete your duties, you have been given precise instructions on the inventory and accounts by the Clerk of Court upon your qualification. These are instructions provided by the Virginia Supreme Court and are to be followed.
In order to further assist you we conduct fiduciary seminars monthly, instructing on the proper completion of an inventory and account.
Finally, we have gone to great lengths to produce this website, with practical guidance in the performance of your obligations, illustration of problem areas, precise instruction, line by line, for completion of the inventory and accounts, additional reference links and all of the forms customarily used for the accounting obligations associated with your particular estate.
If the referenced resources are utilized you will have success in properly completing your duties to the Commissioner's office.
Please do not expect the Commissioner's Office to guide you individually through your duties or try to explain everything you must do. We are not charged with, or staffed for, that function. You may have to consult with an estate administration attorney or CPA to assist you if you cannot complete your obligations to properly account from the material and resources provided.
This is the website of the Commissioner of Accounts for the Circuit Court of Henrico County, Virginia. This site has been prepared by the Commissioner for the use of fiduciaries qualifying in the Henrico Circuit Court as executors or administrators of decedents' estates; testamentary trustees and trustees for minors; guardians of the property of minors; conservators/trustees for incapacitated adults; and foreclosure trustees. It is not legal advice and has not been provided by the Court or Henrico County.
WHAT YOU WILL FIND ON THIS WEBSITE
YOU MAY ACCESS INFORMATION ON THIS WEBSITE CONCERNING ALL CATEGORIES OF FIDUCIARIES APPOINTED BY THE HENRICO CIRCUIT COURT OR QUALIFIED BY THE CLERK OF THE CIRCUIT COURT, BY USING THE DROPDOWN BAR ACROSS THE TOP OF THIS PAGE, AND EVERY OTHER WEBPAGE.
YOU WILL FIND PRACTICAL, STEP BY STEP, LINE BY LINE, INFORMATION AND INSTRUCTION ON THE PROPER COMPLETION OF THE INVENTORY AND ACCOUNTS YOU ARE REQUIRED TO FILE, WITH EXAMPLES FOR FURTHER EXPLANATION.
YOU WILL FIND VALUABLE INFORMATION CONCERNING YOUR FIDUCIARY DUTIES, AND SOME PITFALLS TO AVOID.
YOU WILL ALSO FIND ALL FORMS AND INSTRUCTIONAL MATERIALS NEEDED TO PROPERLY FILE YOUR INVENTORY AND ACCOUNT(S).
HOWEVER, NOTHING WILL REPLACE GOOD LEGAL ADVICE FROM AN EXPERIENCED ESTATE, TRUST OR ELDER LAW ATTORNEY IF YOU HAVE LEGAL QUESTIONS ARISE DURING ADMINISTRATION.
To make your viewing of the website more comfortable, you may click on the capital "A" in the box at the top of each page to enlarge the print. You may click more than once to make the text still larger.
ON A MONTHLY BASIS, USUALLY ON THE THIRD WEDNESDAY OF EACH MONTH, THE COMMISSIONER CONDUCTS AN INFORMAL SEMINAR ON HOW TO PROPERLY PREPARE AND SUBMIT THE INVENTORY AND SUBSEQUENT ACCOUNTS REQUIRED AS A RESULT OF YOUR QUALIFICATION.
UNLESS YOU HAVE SERVED AS A FIDUCIARY PREVIOUSLY AND ARE FAMILIAR WITH ACCOUNTING PRACTICES, OR YOU ARE REPRESENTED BY AN ATTORNEY, OR HAVE ENGAGED A CPA OR ENROLLED AGENT, YOU ARE ENCOURAGED TO CONSIDER ATTENDING A SEMINAR, ON AN EARLY DATE FOLLOWING YOUR QUALIFICATION.
NATURE OF THE WEBSITE AND COMMISSIONER'S OFFICE
This website is not an official website of the County of Henrico or the Henrico County Circuit Court, but has been produced solely by the office of the Henrico County Commissioner of Accounts as an aid and resource to all Henrico fiduciaries in completing the statutory obligations associated with your appointment as a fiduciary. The Commissioner is an attorney in private practice appointed and supervised by the Judges of the Henrico County Circuit Court; and the staff of the Commissioner's office are the employees of the Commissioner, not employees of the Commonwealth, County of Henrico or Circuit Court of Henrico County.
The matters addressed and examples given may not apply to the estate you are administering as each estate is unique and has different facts and potential problems. Please consult with an experienced estate administration attorney, or an elder law attorney for conservatorships, or an attorney experienced in Guardianship law for estates of minors if you are unsure of the proper way to administer the estate for which you are appointed the fiduciary.
This website and the information provided herein have been prepared by the Henrico Commissioner of Accounts based upon existing law, the suggested practices as explained in the "Manual for Commissioners of Accounts", the Virginia Supreme Court fiduciary forms and instructional material provided to fiduciaries at the time of qualification, and over thirty nine years of general practice in the law, including estate administration and preparation of inventories and accounts. Substantial effort has been made to present a practical informational guide to assist fiduciaries in the completion of the filings required.
However, this website and its content are not intended or offered as legal advice, and may not be relied upon as such. Every estate has its own specific facts which may determine the appropriate law to be applied and resolution of the issues involved. No attorney client relationship is created by the use of or reliance upon this website.
The Office of the Commissioner of Accounts does not advise on legal or tax issues or the interpretation of the testamentary document or intestate law under the statutes of Virginia. Each fiduciary should consult with an attorney qualified in the field of your responsibility for legal advice as to legal issues, or an accountant for tax advice or filings, when those specific issues are presented during the administration of an estate.
NOTE: Effective October 1, 2012, a recodification of several titles of the Virginia Code occurred, which may affect fiduciaries appointed by the Henrico Circuit Court. This website has been updated where references have been made to particular code sections. You may also refer to the Table of Comparative Titles and sections for former Title 64.1 ( now Title 64.2 ) at the following link. (Table of Comparative Sections)