Virginia law provides that the Judges of each circuit court (there are thirty-one judicial circuits in Virginia) shall appoint as many Commissioners of Accounts as may be necessary to carry out the duties of that office. A Commissioner of Accounts has general supervision over fiduciaries qualified in the Circuit Court or before the Clerk of the Circuit Court and settlement of the fiduciaries' accounts. A Commissioner of Accounts shall be an attorney-at-law as serve for such period as determined by the Court.

 

Generally, a fiduciary is a person or qualifying entity that manages money or property for benefit of someone else, often referred to as a beneficiary, who in many instances may be incapable of managing their own financial affairs.

 

A primary function of a commissioner is auditing and settling periodic accountings of assets under the supervision and control of a fiduciary for a beneficiary in accordance with applicable law and report the Commissioner's findings to the Court. When filing such accountings with the Commissioner, fiduciaries must obtain, organize, manager and deliver to the commissioner all account statements, invoices, receipts, vouchers and other documents supporting the entries and transactions reflected in their accountings.

 

The process typically begins upon the qualification of a fiduciary at the Circuit Court Clerk's office pursuant to a court order or the terms of a legal document, for example, a decedent's last will and testament. The Clerk's office obtains the necessary information from the qualifying fiduciary and the Clerk refers that matter to a Commissioner of Accounts, who will confirm the timeline for the filing requirements for the fiduciary for an inventory of the assets under the charge of the fiduciary followed by annual accountings until the matter is finally settled, typically after the fiduciary as properly managed and disbursed the funds and assets under their management and control to the proper parties.

 

When a fiduciary fails to satisfy the applicable requirements for settling their accounting(s) and performing their duties the Commissioner is obligated to initiate enforcement proceedings, which ultimately, if not resolved, require the fiduciary to appear in Court to show cause why they should not be held in contempt of Court for failing to properly account for the assets under their charge, which may also subject the fiduciary to personal liability for the assets that are not properly accounted for (with required documentation) by the fiduciary.

 

Commissioners are not employed by the Commonwealth of Virginia or local government but are appointed by the Judges of the Circuit Court. Commissioners are compensated by way of filing fees and enforcement fees established by The Judicial Council of Virginia or by statute.