26-37 - Disposition of papers relating to estates. - Virginia Statutes

§ 26-37. Disposition of papers relating to estates.

All inventories and original accounts of sales filed with the clerk asrequired by §§ 26-14 and 26-16, all reports filed with the clerk under §26-35 when the same have been actually recorded by the clerk, compared,indexed, and confirmed as respectively required by law, and all vouchers orother evidence filed with the commissioner, the court or the clerk at thetime of confirmation of an account and not required as evidence of anyfurther matter of inquiry pending before the court or the commissioner, shallupon request made at the time of filing the same, or in the discretion of thecommissioner if no request is made, be returned by the commissioner or by theclerk of the court to the fiduciary or other person who filed the same.

The clerk of court may destroy any papers mentioned in the first paragraph ofthis section or any other papers relating to estates, when the matterconcerned has been closed with final settlement for more than three years andappropriate recordations have been made. However, nothing in this sectionshall apply to original documents recorded by binding. If recordation is doneby facsimile or microfilm reproduction process, such papers may be destroyedif the return thereof was not requested at the time of filing for recordation.

The commissioner of accounts may destroy any papers mentioned in the firstparagraph of this section or any other papers relating to estates when thematter concerned has been closed with a confirmed final accounting for morethan one year.

(Code 1919, § 5428; 1922, p. 873; 1928, p. 24; 1940, p. 614; 1944, p. 107;1950, p. 818; 1962, c. 111; 1977, c. 96; 1997, c. 842.)