Recent Developments

On September 8, 2016, the Supreme Court of Virginia approved a new Uniform Fee Schedule Guideline for Commissioners of Accounts.  After due consideration, the Circuit Court of Fairfax County approved the schedule on September 21, 2016 for use in this Circuit effective October 1, 2016.  The new fee schedules are available on this website under the Commissioner's Fees tab and on the menu under each type of estate tab.

Please note that the Uniform Fee Schedule Guideline approved by the Supreme Court of Virginia does not include the Clerk's fees due.  Our local schedules; however, incorporate those amounts into the fee, as appropriate.  These schedules are effective for all filings made on or after October 1, 2016.

In the case of foreclosures under deeds of trust, the Commissioner's fees are generally built into the trustee's bid.  Because of this practice, this office will not impose the new fee schedule upon foreclosure sales occurring prior to October 1, 2016.  For all sales on or after that date, the new schedule will be in effect.

 

Commissioner's Reports.

 

Court Policy on Adjusting the Amount of Fiduciary Bonds

By Order dated June 14, 2010, the Circuit Court of Fairfax County has authorized the Clerk to re-determine and decrease the amount of fiduciary bonds set by court order.

 

Legislation of Interest

2012 Recodification and Revision of Title 64.1 of the Code of Virginia (Effective October 1, 2012)  On April 4, 2012 an act was signed into law by Governor Robert F. McDonnell which creates Title 64.2 (Wills, Trusts and Fiduciaries) as a revision of existing Titles 26 (Fiduciaries Generally), 31 (Guardian and Ward), and 64.1 (Wills and Decedents’ Estates) as well as portions of Titles 37.2 (Behavioral Health and Developmental Services) and 55 (Property and Conveyances). 

Senate Bill No. 346 (2014 Acts, ch. 532) increases various statutory allowances, filing limits and other amounts to reflect inflation, changed conditions and previous amendments to other statutes such as the Small Estate Act.





 



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