Code of Virginia - Title 64.1 Wills And Decedents' Estates - Chapter 5 Persons Presumed Dead

  • 64.1-105 Presumption of death from absence or disappearance; in cause wherein death comes in questio...
    A. 1. Any person who has resided in this Commonwealth who (i) leaves, does not return to the Commonwealth for seven years successively and is ...
  • 64.1-105.1 , 64.1-105.2
    Repealed by Acts 2006, c. 351, effective July 1, 2006. ...
  • 64.1-106 Distribution of fund when presumption of death not applicable
    If in any civil action wherein any estate or fund is to be distributed the interest of any person therein depends upon his having been ...
  • 64.1-106.1 Appointment of curator when presumption of death not applicable
    After one year has expired since the date that a resident of the Commonwealth was last seen or heard from, and it is not known ...
  • 64.1-107 Probate or administration not to be granted by a clerk
    Neither (i) probate of a will of a person presumed to be dead, nor (ii) administration upon the estate of such person, nor (iii) appointment ...
  • 64.1-108 Petition seeking determination of death; notice
    Whenever a petition is filed seeking a judicial determination that a person is dead, the court having jurisdiction over the person's probate estate if such ...
  • 64.1-109 Description unavailable
    Repealed by Acts 2006, c. 351. ...
  • 64.1-110 Hearing application; evidence receivable; further publication
    At the hearing, the court shall hear such legal evidence as may then be offered for the purpose of ascertaining whether or not the presumption ...
  • 64.1-111 Grant of order; effect
    A. If the evidence at the hearing required by § 64.1-110 shows the length of absence to be 10 years or more or if within ...
  • 64.1-112 Distribution of property; refunding bond
    Before any distribution of the proceeds of the estate of a person determined to be dead, or the payment or transfer of any of his ...
  • 64.1-113 Revocation of determination of death, etc.; effect on previous acts; title of purchasers, et...
    The court, after reasonable notice to the parties interested, may revoke such determination of death at any time on due and satisfactory evidence that the ...
  • 64.1-114 Substitution of supposed decedent in pending actions; reopening of judgments; effect of judgment...
    After revocation of the order determining death the person erroneously supposed to be dead may, on suggestion filed of record of the proper fact, be ...
  • 64.1-115 Costs, by whom payable
    The costs attending the issue of such orders determining death or their revocation shall be paid out of the estate of the supposed decedent; and ...

Last modified: April 3, 2009