Access to Files and Copy Policy

Estates

General Public

Absent contrary instructions by the Court, inventory and account forms, together with the attached schedules, are public documents after the Commissioner has approved the filing and sent the original documents to the Court.  Members of the general public may review and/or request copies of approved filings at the Clerk’s Office.

Members of the general public are not permitted to review or copy the supporting documents that are filed with an inventory or account.  No person may review or copy working papers and notes of the Commissioner and her staff.

Interested Parties

Interested parties include the following:

  • For Decedent Estates – bonding company, heirs, beneficiaries, creditors and claimants of the decedent;
  • For Trusts – bonding company, beneficiaries and creditors;
  • For Conservatorships for Incapacitated Adults – bonding company, ward’s spouse and children, ward’s guardian, an agent under a durable power of attorney and creditors;
  • For Guardianships for Minor(s) – bonding company, the minor (before and after age 18), minor’s parents and those standing in loco parentis to the minor and creditors;
  • Qualified successor fiduciaries;
  • Attorney representing any of the above interested parties.

Absent contrary instructions by the Court, interested parties may review or obtain copies of filings, together with the attached schedules, from the Commissioner’s office regardless whether filing is audited or approved by the Commissioner.  The copy fee is $0.50 per page, with a minimum charge of $5.00, without regard to the manner in which copies may be delivered.

Interested parties are permitted to inspect supporting documentation in the Commissioner’s office; however, copies of such supporting documents are available only upon the prior approval of the Commissioner, which may be withheld in her discretion.  No person may review or copy working papers and notes of the Commissioner and her staff.

The Commissioner’s office does not accept copy requests in advance of a filing.

Notice Regarding Copy Request for Decedent Estates

Virginia Code § 64.2-1303 provides that a personal representative filing an inventory or account with the Commissioner shall send a copy of that filing, excluding the supporting documents, to any heir or beneficiary (who has not yet received their full distribution) who requests the same from the personal representative in writing.  Prior to seeking copies from the Commissioner’s office, an interested party should make such a request of the personal representative.  If such a request is made, please send a copy of the request to the Commissioner’s office.