THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, January 17, 1995 TAG: 9501170294
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 66 lines
They are a kind of police for the deceased, and they serve a very public purpose. But their pay remains a closely guarded secret.
They are commissioners of accounts, and with few exceptions, everybody who dies in Virginia with more than $5,000 worth of assets will have a portion of their money claimed by one of the local commissioners.
Although the commissioners are appointed by local circuit court judges for indefinite terms that typically last decades, they traditionally have operated under minimal court supervision and even less public scrutiny.
Most Virginians are not even aware of the job until the death of a relative or trusted friend. Then they learn that the commissioner is charged with protecting the estate from fraud and embezzlement by unscrupulous administrators and executors of wills. They function much like probate judges in many other states.
But the state does not compile totals on how much each commissioner collects in annual fees. Records also are generally unavailable at the local level.
Quoting legal insiders it did not identify, the Richmond Times-Dispatch said commissioners net as much as $200,000 annually for work that is often part-time and consists primarily of routine bookkeeping.
Every city and county has a commissioner, and some have several. The commissioners serve at the pleasure of the judges, and there is no formal review process.
None of the state's more than 100 commissioners of accounts is paid a set salary. Instead, the commissioner charges a fee for each estate or trust reviewed. Commissioners said the amount of the fee varies according to the size of the estate, the number of pages in the estate filing, the amount of time required and the level of difficulty.
There are no state guidelines for fees.
An informal sampling of commissioners by the Times-Dispatch found none willing to reveal how much they make. Of 10 commissioners contacted in Richmond, Norfolk, Roanoke and the counties of Albemarle, Chesterfield, Fairfax, Henrico and Loudoun, only five consented to interviews, and none would reveal even a ballpark figure of the total fees collected annually.
Edward R. Slaughter Jr., Albemarle's commissioner for the past 13 years, said the Judicial Council of Virginia created a committee three years ago to study the systems employed by commissioners of accounts ``to see if uniformity in operation of the commission system could be better achieved.''
The committee is publishing a manual that would attempt to ``regularize the practice throughout the state,'' said Slaughter, the panel's chairman.
Like the other commissioners contacted, Slaughter declined to say how much he collects in fees.
Del. W. Tayloe Murphy Jr., D-Westmoreland County, said it is difficult to explain the secrecy surrounding the commissioners.
``There's a great tendency by the legislative branch to ignore the judicial branch,'' said Murphy, a lawyer with experience in estate work. ``The judicial branch really doesn't get the kind of scrutiny the legislative branch gets.''
Murphy said he believes the public has a right to the information.
``I think whenever you hold a position of public trust, you ought to make full disclosure,'' he said.
KEYWORDS: COMMISSIONERS OF ACCOUNTS by CNB