Why are there Fees Payable to the Commissioner of Accounts and the Clerk of Court?
The Commissioner of Accounts system has been in operation in the Commonwealth of Virginia for many years. It is a system which has provided relief to the Courts in having to supervise the administration of trusts and enter orders for each action of the fiduciary in administering the trust. Trusts are supervised by Probate Courts in some states.
The Commissioner of Accounts is an attorney and the office is a private office not directly affiliated with the County of Henrico except that the Commissioner is appointed and serves at the pleasure of the Henrico County Circuit Court Judges.
The Commissioner of Accounts receives no funding from Henrico County and operates as a completely private office. The Commissioner is an attorney and staff are qualified, trained and experienced in the area of estate and trust administration. Every inventory and account submitted to the Commissioner’s office is individually audited.
The fees payable to the Commissioner under the Fiduciary Guidelines for the Commissioner’s services therefore pay for the Commissioner’s services, the professional staff and the maintenance of the Commissioner’s office and the special programs offered by the Commissioner, including this website and monthly seminars presented as an aid in assistance to fiduciaries.
Commissioner’s Fee Schedule
Effective October 1, 2016, a Commissioner’s fee schedule was approved by the the Henrico County Circuit Court based on the recommendation of the Judicial Council of the Virginia Supreme Court, and is applicable to the Commissioner’s fees for the audit of trust inventories and accounts. (Order of the Henrico County Circuit Court). The Commissioner of Accounts sets his fees based on this order.
Please note that fees payable to the Commissioner of Accounts by a trustee are chargeable to the trust except where the trustee has been delinquent in the filing of the required account, in which cases the fiduciary is personally obligated to pay the delinquency fees assessed by the Commissioner’s office. These delinquency fees are also set by the Circuit Court order.
Clerk of Court Filing Fees
After the audit and approval of an Inventory or Account, it is filed on the public records in the Henrico Circuit Court. The Clerk of Henrico County Circuit Court is, by statute, obligated to charge a filing fee for each inventory and account. Those filing fees vary based upon the number of pages contained within the document being submitted. The following guidelines generally apply:
- Documents of 10 pages or less………$18.00
- Documents of 11-30 pages…………….$32.00
- Documents 31 pages or more ………..$52.00
Please note: The Clerk’s fees should be included with the fees paid to the “Commissioner of Accounts”, in one check, as those fees are paid by the Commissioner to the Clerk at the time your inventory or account is approved and forwarded to the Court for filing and recordation.