Code of Virginia - Title 64.1 Wills And Decedents' Estates - Chapter 6 Personal Representatives And Administration Of Estates

  • 64.1-116 When and to whom administration, with the will annexed, may be granted
    If there be no executor appointed by the will or if all the executors therein named refuse the executorship or fail to give bond when ...
  • 64.1-117 Oath of executor or such administrator
    The oath of an executor or of an administrator with the will annexed shall be that the writing admitted to record contains the true last ...
  • 64.1-118 What clerk or court to appoint administrator of estate; who to be preferred
    A. The court or the clerk who would have jurisdiction as to the probate of a will, if there were a will, shall have the ...
  • 64.1-119 Oath and bond of administrator; when grant to cease
    Before any grant of administration, as of the estate of an intestate, the person to whom it is granted shall, in the court or before ...
  • 64.1-120 Penalty of bond of executor or administrator
    A. Except as provided in subsection B, every bond of an executor or administrator shall be in a penalty equal, at the least, to the ...
  • 64.1-121 When security not required
    If all distributees of a decedent's estate or all beneficiaries under the decedent's will are personal representatives of that decedent's estate, whether serving alone or ...
  • 64.1-122 Letters of administration in due form unnecessary; how made out when required
    A copy of the order whereby certificate is granted to any personal representative for obtaining probate or letters of administration shall be as effectual as ...
  • 64.1-122.1 Clerks to deliver statement of responsibilities
    The clerk of any court in which any person qualifies as executor or administrator of an estate shall deliver to such person, at the time ...
  • 64.1-122.2 Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and r...
    A. Except as otherwise provided in this section, a personal representative of a decedent's estate or a proponent of a decedent's will when there is ...
  • 64.1-123 Payment of certain small sums due persons upon whose estates there has been no qualificatio...
    When there is due a sum of not exceeding $15,000 from the Commonwealth, whether it be a state income tax refund or a sum due ...
  • 64.1-123.1 Payment where decedent owned securities issued by corporation
    When a resident of Virginia owning securities issued by a corporation dies and there has been no qualification upon his estate within sixty days following ...
  • 64.1-123.2 Transfer of certain vessels registered with United States Bureau of Customs
    If a Virginia resident owning a vessel registered with the United States Bureau of Customs is dead and there has been no qualification on his ...
  • 64.1-123.3 Payment of small sums due trust or estate beneficiaries where no qualification on estate
    Where there is due a sum not exceeding $15,000 from a trust or estate, whether it be accrued income or principal, if there has been ...
  • 64.1-124 Payment to consort or to court of small sum of deceased inmate of state mental institutio...
    When a person for whom no committee or trustee has been appointed is committed to a mental institution supported by the Commonwealth and dies therein ...
  • 64.1-124.1 Payment of small sum due deceased patient of municipally operated health care facility to survivin...
    When there is due from any municipally operated health care facility, a sum not exceeding $15,000, to a deceased patient of such health care facility, ...
  • 64.1-125 Distribution of certain welfare funds due decedents upon whose estates there has been no qualificat...
    Where any person, adult or infant, entitled to payments under Chapter 12 (§ 51.5-60 et seq.) of Title 51.5 and Title 63.2, dies and there ...
  • 64.1-126 , 64.1-127
    Repealed by Acts 1981, c. 580. ...
  • 64.1-128 Transfer of evidences of indebtedness, securities and corporate stock held in decedents' estate...
    When any executors or administrators appointed under this title shall have qualified thereunder and given bond as required in § 64.1-120, shall have completed the ...
  • 64.1-129 Transfer of securities of nonresident decedents
    The stocks, bonds or certificates of debt of this Commonwealth, and of any corporation created by it and of any national bank or other corporations ...
  • 64.1-130 Money and personal property belonging to nonresident decedents
    When any person, at the time of his death domiciled outside of this Commonwealth, owned stocks, bonds, securities, money or tangible personal property located in ...
  • 64.1-131 When court may allow another to qualify on estate
    If at any time two months elapse without there being an executor or administrator of the estate of a decedent, except during a contest about ...
  • 64.1-132 Disposition by sheriff of property when no person entitled thereto
    If any sheriff shall lawfully come into possession of any money or other personal property of any such deceased person whose death shall have occurred ...
  • 64.1-132.1 Definition
    For the purposes of this article, the term "successor" means a person, other than a creditor, who is entitled to property, other than real property, ...
  • 64.1-132.2 Collection of personal property by affidavit
    A. Sixty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument ...
  • 64.1-132.3 Effect of affidavit
    The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to the affidavit is discharged and released to the same extent ...
  • 64.1-132.4 Construction of article
    The remedies provided by this article shall be in addition to, and not in exclusion of, any other remedies provided by law. (1981, c. 281.) ...
  • 64.1-133 Description unavailable
    Repealed by Acts 1998, c. 610. ...
  • 64.1-134 List of heirs
    Every (i) personal representative of a decedent, whether such decedent died testate or intestate, at the time of his qualification, and (ii) proponent of a ...
  • 64.1-135 Affidavit relating to real estate of intestate decedent
    Upon the death intestate of a person owning real estate, any person having an interest therein, including a personal representative who has qualified, may execute ...
  • 64.1-136 Powers of executor before qualification
    No person appointed by a will executor thereof shall have the powers of executor until he qualifies as such by taking an oath and giving ...
  • 64.1-136.1 Funeral expenses
    Subject to the provisions of § 64.1-157, reasonable funeral and burial expenses of a decedent shall be considered an obligation of the decedent's estate, which ...
  • 64.1-137 Death of sole executor; his executor has no authority
    The executor of an executor shall have no authority as such to administer the estate of the first testator, but, on the death, resignation or ...
  • 64.1-138 Effect of marriage of female personal representative
    When an unmarried woman who is a personal representative, either alone or jointly with another, shall marry, her husband shall not be a personal representative ...
  • 64.1-139 Duty of every personal representative
    Every personal representative shall administer, well and truly, the whole personal estate of his decedent. (Code 1950, § 64-131; 1968, c. 656.) ...
  • 64.1-140 Duty of fiduciaries as to joint accounts
    A fiduciary charged with the administration of the estate of a decedent shall be under no obligation unless requested in writing by someone in interest, ...
  • 64.1-141 Duties of fiduciaries with respect to certain obligations of the United States
    Personal representatives and other fiduciaries shall be under no obligation unless requested in writing by someone in interest to assert claim to or seek to ...
  • 64.1-142 Exercise of discretionary powers by surviving executors or administrators with the will annexe...
    When discretionary powers are conferred upon the executors of any will heretofore or hereafter executed and some but not all of such executors die, resign ...
  • 64.1-143 When personal representative may renew note, etc., of decedent
    In all cases when a decedent is the maker or one of the makers, a surety or one of the sureties or an endorser or ...
  • 64.1-144 Suits upon judgment and contracts of decedent
    A personal representative may sue or be sued upon any judgment for or against or any contract of or with his decedent, including, but not ...
  • 64.1-145 Action for goods carried away, waste or damage to estate of decedent
    A. Any action at law for damages for the taking or carrying away of any goods, or for the waste, destruction of, or damage to ...
  • 64.1-146 Representatives to sell real estate devised to be sold, and receive certain rents
    Real estate devised to be sold shall, if no person other than the executors be appointed for the purpose, be sold and conveyed and rents ...
  • 64.1-147 Administrator with will annexed may sell real estate
    When any will heretofore or hereafter executed gives to the executor or executors named therein power to sell the testator's real estate and such executor ...
  • 64.1-148 Representative may execute deed pursuant to written contract of deceased
    When any deceased person shall have executed and delivered a bona fide written contract of sale, purchase option, or other agreement binding such deceased person, ...
  • 64.1-149 Validation of certain conveyances by foreign executor
    Every conveyance of real estate within this Commonwealth made prior to June 30, 1986, by the executor of a will which, prior to such sale, ...
  • 64.1-150 When similar conveyances in future valid
    Every such conveyance of real estate within this Commonwealth as is mentioned in § 64.1-149 made on or after June 30, 1986, by such executor ...
  • 64.1-151 Executor, etc., to pay over sale proceeds and rents to persons entitled
    It shall be one of the duties of an executor or administrator, by virtue of his office, and as such embraced by his official bond, ...
  • 64.1-151.1 Family allowance
    Upon the death of a domiciliary of this Commonwealth, the surviving spouse and minor children whom the decedent was obligated to support are entitled to ...
  • 64.1-151.2 Exempt property
    In addition to the family allowance, the surviving spouse of a decedent who was domiciled in this Commonwealth is entitled from the estate to value ...
  • 64.1-151.3 Homestead allowance
    In addition to the right to family allowance and exempt property, a surviving spouse of a decedent who was domiciled in this Commonwealth is entitled ...
  • 64.1-151.4 Source, determination and documentation of family allowance, exempt property, and homestead allowan...
    If the estate is otherwise sufficient, property specifically bequeathed or devised shall not be used to satisfy rights to exempt property and homestead allowance. Subject ...
  • 64.1-151.5 When and how exempt property and allowances may be claimed
    The election to take family allowance, exempt property and homestead allowance, or any of them, may be made within one year from the death of ...
  • 64.1-151.6 Waiver
    The right of a surviving spouse to a homestead allowance in the estate of a deceased spouse as provided in § 64.1-151.3 may be waived ...
  • 64.1-152 Debtor's appointment
    The appointment of a debtor as executor shall not extinguish the debt. (Code 1950, § 64-142; 1968, c. 656.) ...
  • 64.1-153 What estate not to be sold
    Unless it be necessary for the payment of funeral expenses, charges of administration or debts, the personal representative shall not sell estate which the will ...
  • 64.1-154 What goods personal representative to sell; when and how
    Of the goods not mentioned in § 64.1-153, the personal representative shall, subject to the provisions of Article 5.1 (§ 64.1-151.1 et seq.) of this ...
  • 64.1-155 When to sell other goods
    If the goods so sold be not sufficient to pay the funeral expenses, charges of administration, debts and legacies, the personal representative shall sell at ...
  • 64.1-156 Estate for another's life, assets
    Any estate for the life of another shall go to the personal representative of the party entitled to the estate and be assets in his ...
  • 64.1-157 Order in which debts of decedents to be paid
    When the assets of the decedent in the hands of his personal representative are not sufficient for the satisfaction of all demands against him, they ...
  • 64.1-157.1 Nonexoneration; payment of lien if granted by agent.
    A. Unless a contrary intent is clearly set out in the will, a specific devise or bequest of real or personal property passes, subject to ...
  • 64.1-158 Creditors to be paid in order of their classification; class paid ratably; when representative not ...
    No payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid; and ...
  • 64.1-159 Lien acquired in lifetime of decedent not affected
    Nothing contained in §§ 64.1-157 and 64.1-158 shall affect any lien acquired in the lifetime of the decedent. (Code 1950, § 64-149; 1968, c. 656.) ...
  • 64.1-160 Definitions
    For the purposes of this article: "Persons interested in the estate" includes all persons, firms and corporations who may be entitled to receive or who ...
  • 64.1-161 Apportionment required
    A. Except as provided in subsection B of this section, whenever it appears upon any settlement of accounts or in any other appropriate action or ...
  • 64.1-162 Recovery by executor when part of estate not in his hands
    In all cases in which any property required to be included in the gross estate does not come into the possession of the executor, administrator ...
  • 64.1-163 Transfers not required until tax ascertained or security given
    No executor, administrator or other person acting in a fiduciary capacity shall be required to transfer, pay over or distribute any fund or property with ...
  • 64.1-164 Description unavailable
    Repealed by Acts 1986, c. 399. ...
  • 64.1-165 Contrary provisions of will or other instrument to govern
    None of the foregoing provisions of this article shall in any way impair the right or power of any person by will or by written ...
  • 64.1-165.1 Construction of direction to pay all taxes imposed on account of testator's death
    A. A general direction in a will, trust instrument or other document to pay all taxes imposed on account of a testator's or settlor's death ...
  • 64.1-166 Transfer of assets to administrator de bonis non; effect thereof
    A. When the powers of a personal representative have ceased and there is an administrator de bonis non of the decedent's estate, it shall be ...
  • 64.1-167 Suit against representative of executor in his own wrong, or rightful executor, etc., for wast...
    A suit may be maintained against the personal representative of an executor in his own wrong or the personal representative of a rightful executor or ...
  • 64.1-168 When administrator de bonis non may have scire facias
    When a suit is pending or a judgment or decree has been rendered in this Commonwealth in favor of a personal representative upon a contract ...
  • 64.1-169 When suit may be brought on bond of personal representative
    When an execution on a judgment or decree against a personal representative is returned without being satisfied, there may be forthwith brought and prosecuted an ...
  • 64.1-170 When representative and sureties not chargeable beyond assets; procedure in actions against the...
    No personal representative or any surety of his shall be chargeable beyond the assets of the decedent by reason of any omission or mistake in ...
  • 64.1-171 Proceedings for receiving proof of debts by commissioners
    Any commissioner of accounts who has for settlement the accounts of a personal representative of a decedent shall when requested to so do by a ...
  • 64.1-172 Report of debts, when and how made
    The commissioner may adjourn from time to time for receiving such proof and shall, within sixty days from the time first appointed for receiving such ...
  • 64.1-173 How claims filed before commissioners; time within which statutes of limitation not to ru...
    Any person having any such debt or demand and desiring to prove the same shall file his claim or a written statement thereof before the ...
  • 64.1-174 When court to order payment of debts
    When a report of the accounts of any personal representative and of the debts and demands against the decedent's estate shall be confirmed as provided ...
  • 64.1-175 How sum reserved on contingent claim to be paid
    Upon any such claim being allowed subsequent to any dividend, there shall be ordered to be paid out of the estate remaining in the hands ...
  • 64.1-176 How assets applied at subsequent dividends
    When at the time of any dividend the whole assets are not distributed or when further assets afterwards come to the hand of the personal ...
  • 64.1-177 When distribution may be required; refunding bond
    A personal representative shall not be compelled to pay any legacy given by the will or make distribution of the estate of his decedent until ...
  • 64.1-178 When fiduciaries are protected by refunding bonds
    If any personal representative pay any legacy given by the will or distribute any of the estate of his decedent and there be filed in ...
  • 64.1-179 Order to creditors to show cause against distribution of estate to legatees or distributees; their ...
    When a report of the accounts of any personal representative and of the debts and demands against his decedent's estate has been filed in the ...
  • 64.1-180 Form for notice to show cause under { 64.1-179
    Any notice to show cause published or posted in pursuance of the requirements of § 64.1-179 may be substantially in the form following:

    Virginia: In the  .................... Court of  ............
    ...
  • 64.1-180.1 Payment of bequests, etc., to persons standing in loco parentis to certain beneficiaries
    Notwithstanding any provision of law to the contrary, a distribution to a person standing in loco parentis to an incapacitated person or an infant pursuant ...

Last modified: April 3, 2009