What it asks for
Each item goes in at its market value on the day you qualified. §64.2-1300(D) (opens in a new tab)
| Part | What goes there |
|---|---|
| 1 | Personal estate under your control: bank accounts, investments, belongings |
| 2 | Virginia real estate you have the power to sell |
| 3 | Other Virginia real estate |
| 4 | Real estate outside Virginia |
| 5 | Property that passes to someone else at death, by survivorship or a named beneficiary |
| 6 | Interests in a trust |
| 7 | Social Security, SSI, VA or Black Lung benefits paid to a payee who reports to the agency, at their yearly value |
| 8 | Periodic payments from any other source, including federal retirement pay, at their yearly value |
In Part 1, list each item worth over $500 on its own line. Real estate goes in at its tax assessment or an appraisal, with no deduction for a mortgage.
Fees
Each circuit court sets its Commissioner’s fees. Va. Code §64.2-1219 (opens in a new tab) The statewide guidelines (opens in a new tab) suggest $135 to $350 for an adult’s inventory, by the value of the assets. The clerk’s fee to record it is separate, and goes to the Commissioner with the filing.
A late inventory brings a letter, then a summons. If you still don’t file within 30 days after it is served, the Commissioner reports you to the court, which can fine you up to $500. Va. Code §64.2-1215 (opens in a new tab)
Common mistakes
Monthly payments in Parts 7 and 8
Both parts ask for the total over a year. A $1,380.00 monthly benefit goes in as $16,560.00.
The wrong total for the bond
The bond total on page one counts Parts 1, 2, 5 and 8. It leaves out Virginia real estate you have no power to sell, real estate outside Virginia, trusts, and benefits paid to a payee (Part 7). A federal pension belongs in Part 8 and counts. The Commissioner checks your bond against the total and reports one that falls short.
A joint account at its full balance
Part 5 counts a joint account at what the ward put into it. Between spouses, count half.
Assets found after filing
File an amended or an additional inventory within four months of finding them. With the Commissioner’s permission, they can go on your next account instead. §64.2-1300(E) (opens in a new tab)
Your first account
Line 1 of the first CC-1682 comes from Parts 1, 2 and 5 of this inventory.
Sources
- CC-1671, Inventory for Estate of Incapacitated Adult (opens in a new tab), Supreme Court of Virginia
- Va. Code §64.2-1300 (opens in a new tab), when the inventory is due and how to value it
Also for Virginia: CC-1682, Account for Incapacitated Adult
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