CODE OF VIRGINIA

DISPOSITION OF PAPERS RELATING TO ESTATES (§ 64.2-1317)

A. The circuit court or the clerk at the time of the confirmation of an account
shall return all inventories and original accounts of sales filed with the clerk
of the circuit court as required by §§ 64.2-1205 and 64.2-1310, all reports
filed with the clerk under § 64.2-1214 when the reports have been actually
recorded by the clerk, compared, indexed, and confirmed as required by law, and
all vouchers or other evidence filed with the commissioner of accounts upon
request made at the time of such filing, or in the discretion of the
commissioner of accounts if no request is made, to the fiduciary or other person
who filed such inventories, accounts, reports, vouchers, or other evidence,
provided, however, that such inventories, accounts, reports, vouchers, or other
evidence is not required as evidence of any further matter of inquiry pending
before the court or the commissioner of accounts.

B. The clerk of court may destroy any papers mentioned in subsection A or any
other papers relating to estates, when the matter concerned has been closed with
a 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 of such papers
was not requested at the time of filing for recordation.

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

HISTORY: Code 1919, § 5428; 1922, p. 873; 1928, p. 24; 1940, p. 614; 1944, p.
107; 1950, p. 818, § 26-37; 1962, c. 111; 1977, c. 96; 1997, c. 842; 2012, c.
614.