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§ 8.01-245.Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained.

Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-245 gives a ten-year deadline to sue on a fiduciary’s bond and a separate ten-year deadline, running from account confirmation, to surcharge or falsify a settled fiduciary account, while fixing accrual for certain claims against a personal representative or committee at the return day of an execution or the right to demand payment, whichever comes first.

Full Text of § 8.01-245

Text sizeJump to: (A) (B) (C)

A. No action shall be brought upon the bond of any fiduciary except within ten years next after the right to bring such action shall have first accrued.
B. When any fiduciary has settled an account under the provisions of Part A (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2, and whether or not he has given bond, a suit to surcharge or falsify such account, or to hold such fiduciary or his sureties liable for any balance stated in such account, to be in his hands, shall be brought within ten years after the account has been confirmed.
C. In actions upon the bond of any personal representative of a decedent or fiduciary of a person under a disability against whom an execution has been obtained or where a court acting upon the account of such representative or committee shall order payment or delivery of estate in the hands of such committee and representative, the cause of action shall be deemed to accrue from the return day of such execution or from the time of the right to require payment or delivery upon such order, whichever shall happen first.

Plain-English Summary

Section 8.01-245 sets the limitation framework for suing over how a fiduciary — an executor, administrator, guardian, trustee, or similar office — handled money or property. Subsection A gives a plain ten-year deadline for any action on a fiduciary’s bond, running from when the right to bring that action first accrued.

Subsection B addresses a fiduciary’s settled accounts specifically. Once a fiduciary has settled an account under Part A of Subtitle IV of Title 64.2, and regardless of whether the fiduciary gave a bond, a suit to surcharge or falsify that account, or to hold the fiduciary or sureties liable for a stated balance, must be brought within ten years after the account was confirmed. Subsection C handles a narrower accrual question: when an execution has been obtained against a personal representative or a fiduciary for a person under a disability, or when a court orders payment or delivery of estate assets after reviewing the fiduciary’s account, the cause of action accrues from the return day of the execution or from when payment or delivery could first be required under the court’s order, whichever comes first.

Frequently Asked Questions

How long does someone have to sue on a fiduciary’s bond in Virginia?

Ten years from when the right to bring the action first accrued, under Section 8.01-245(A).

What is the deadline to challenge a fiduciary’s settled account?

Ten years after the account has been confirmed, under subsection B, for a suit to surcharge or falsify the account or to hold the fiduciary or sureties liable for a stated balance.

Does it matter whether the fiduciary gave a bond for purposes of challenging a settled account?

No. Subsection B applies whether or not the fiduciary has given bond.

When does a cause of action accrue against a personal representative after an execution has been obtained?

Under subsection C, it accrues from the return day of the execution or from the time payment or delivery could first be required under a court order, whichever happens first.

Does Section 8.01-245 apply to guardians and committees, or only to executors and administrators?

Subsection C specifically extends to a fiduciary of a person under a disability, which includes guardians and committees, alongside personal representatives of a decedent.

Amendment History

Code 1950, §§ 8-13, 8-15, 8-16; 1964, c. 219; 1966, c. 118; 1972, c. 825; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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