dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue.
A. A person interested in the probate of the will who has not otherwise been before the court or clerk in a proceeding to probate the will pursuant to § 64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection B of § 64.2-446 may file a complaint to impeach or establish the will within one year from the date of the order entered by the court in exercise of its original jurisdiction or after an appeal of an order entered by the clerk, or, if no appeal from an order entered by the clerk is taken, from the date of the order entered by the clerk.

B. A person interested in the probate of the will who had been proceeded against by an order of publication pursuant to subsection B of § 64.2-449 may file a complaint to impeach or establish the will within two years from the date of the order entered by the court in the exercise of its original jurisdiction, unless he actually appeared as a party or had been personally served with a summons to appear.

C. A person interested in the probate of the will who has not otherwise been before the court and who was a minor at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person reaches the age of maturity or is judicially declared emancipated.

D. A person interested in the probate of the will who has not otherwise been before the court and who was incapacitated at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person is restored to capacity.

E. Upon the filing of a complaint to impeach or establish the will pursuant to this section, the court shall order a trial by jury to ascertain whether what was offered for probate is the will of the testator. The court may require all testamentary papers of the testator be produced and direct the jury to ascertain whether any paper produced is the will of the testator. The court shall decide whether to admit the will to probate.

F. The venue for filing a complaint to impeach or establish the will shall be as specified in subdivision 7 of § 8.01-261.

G. Subject to the provisions of § 8.01-428, a final order determining whether to admit a will to probate bars any subsequent complaint to impeach or establish a will.

Code 1950, §§ 64-80, 64-84 through 64-86; 1968, c. 656, §§ 64.1-84, 64.1-88 through 64.1-90; 1972, c. 825; 1977, c. 624; 1996, c. 58; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-449. Procedure in probate proceedings.
A. In every probate proceeding, the court or clerk may require all testamentary papers of the testator be produced and may compel the production of the will of a testator that is in the custody of any person.

B. A summons may be served by an order of publication on any person interested in the probate of the will in accordance with § 8.01-316.

C. The court may appoint a guardian ad litem for any person interested in the probate of the will in accordance with § 8.01-9.

D. The record of the testimony given by witnesses in court on the motion to admit a will to probate and any out of court depositions of witnesses who cannot be produced at a jury trial may be admitted as evidence and given such weight as the jury deems proper.

Code 1950, §§ 64-77, 64-82, 64-87; 1968, c. 656, §§ 64.1-81, 64.1-86, 64.1-91; 2012, c. 614; 2015, c. 631.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy.
When a will relative to an estate within the Commonwealth has been proved in another jurisdiction, an authenticated copy of the will and the certificate of probate of the will may be offered for probate in the Commonwealth, and there shall be a rebuttable presumption that the will was duly executed and admitted to probate as a will of personal estate in the jurisdiction of the testator's domicile and the circuit court, or the clerk of such court, where it is offered shall admit such copy to probate as a will of personal estate in the Commonwealth. If such copy indicates that the will was admitted to probate in a court of another jurisdiction and was so executed as to be a valid will of real estate in the Commonwealth by the law of the Commonwealth, such copy may be admitted to probate as a will of real estate. An authenticated copy of any will which has been self-proved under the laws of another state shall, when offered with its authenticated certificate of probate, be admitted to probate as a will of personal estate and real estate.

Code 1950, § 64-88; 1968, c. 656, § 64.1-92; 1977, c. 249; 1980, c. 264; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-451. Appointment of curator; when made; his duties.
The court or the clerk of such court, or his duly qualified deputy, may appoint a curator of the estate of a decedent during a contest about the decedent's will, during the infancy or in the absence of an executor, or until administration of the estate be granted and may require the curator to give a bond in a reasonable penalty. The curator shall ensure that the estate is not wasted before the qualification of an executor or administrator, or before such estate lawfully comes into possession of such executor or administrator. The curator may demand, sue for, recover, and receive the decedent's personal estate and all debts due to the testator. The curator may lease or receive the rents and profits of any real estate that the decedent possessed when he died. The curator shall pay debts, to the extent that there are sufficient assets to do so in the order of payment prescribed by law, and may be sued in the same manner as an executor or administrator. Upon the qualification of an executor or administrator, the curator shall account for and pay and deliver to him such estate as he controls or may be liable for.

Code 1950, § 64-89; 1968, c. 656, § 64.1-93; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-453. How will may be made self-proved; acknowledgment of witnesses.
A will, at the time of its execution or at any subsequent date, may be made self-proved by the acknowledgment thereof by the testator and the attesting witnesses, each made before an officer authorized to administer oaths under the laws of the Commonwealth or the laws of the state where the acknowledgment occurred, or before an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed, and evidenced by the officer's certificate, attached or annexed to the will. The officer's certificate shall be substantially as follows in form and content:

STATE OF VIRGINIA

CITY/COUNTY OF _____________________

Before me, the undersigned authority, on this day personally appeared _____________________, _____________________, and _____________________, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, _____________________, the testator, declared to me and to the witnesses in my presence that said instrument is his last will and testament and that he had willingly signed or directed another to sign the same for him, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing will was executed and acknowledged by the testator as his last will and testament in the presence of said witnesses who, in his presence and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said will, and that the testator, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory.

Sworn and acknowledged before me by _____________________, the testator, and _____________________ and _____________________, witnesses, this __________ day of _______________ A.D.,__________.

SIGNED ________________________________________

________________________________________
(OFFICIAL CAPACITY OF OFFICER)

Any codicil that is self-proved under the provisions of this section that, by its terms, expressly confirms, ratifies, and republishes a will except as altered by the codicil shall have the effect of self-proving the will whether or not the will was so executed originally.

1983, c. 83, § 64.1-87.2; 1985, c. 429; 1990, c. 64; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-454. Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident.
An administrator may be appointed in any case in which it is represented that either a civil action for personal injury or death by wrongful act, or both, arising within the Commonwealth is contemplated against or on behalf of the estate or the beneficiaries of the estate of a resident or nonresident of the Commonwealth who has died within or outside the Commonwealth if at least 60 days have elapsed since the decedent's death and an executor or administrator of the estate has not been appointed under § 64.2-500 or 64.2-502, solely for the purpose of prosecution or defense of any such actions, by the clerk of a circuit court. An administrator appointed pursuant to this section may prosecute actions for both personal injury and death by wrongful act.

If a fiduciary has been appointed in a foreign jurisdiction, the fiduciary may qualify as administrator. The appointment of a fiduciary in a foreign jurisdiction shall not preclude a resident or nonresident from qualifying as an administrator for the purposes of maintaining a wrongful death action pursuant to § 8.01-50 or a personal injury action in the Commonwealth.

A resident and nonresident may be appointed as coadministrators.

1970, c. 475, § 64.1-75.1; 2001, c. 376; 2003, c. 265; 2012, c. 614; 2014, c. 528; 2015, cc. 124, 129, 130; 2024, cc. 50, 340.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-454.1. Will contest; presumption of undue influence.
In any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that undue influence was exerted over the decedent unless, based on all the evidence introduced at trial, the finder of fact finds that the decedent did intend it to be his will.

2022, c. 265.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-455. Wills to be recorded; recording copies; effect; transfer to The Library of Virginia.
A. Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213. A certified copy of such will or of any authenticated copy may be recorded in any county or city wherein there is any estate, real or personal, devised or bequeathed by such will.

B. The personal representative of the testator shall cause a certified copy of any will or of any authenticated copy so admitted to record to be recorded in any county or city wherein there is any real estate of which the testator possessed at the time of his death or that is devised by his will.

C. Every will or certified copy when recorded shall have the effect of notice to all persons of any devise or disposal by the will of real estate situated in a county or city in which such will or copy is so recorded.

D. With the approval of the judges of a circuit court of any county or city, the clerk of such court may transfer such original wills from his office to the Archives Division of The Library of Virginia. A copy of any will that has been microfilmed or stored in an electronic medium, prepared from such microfilmed or electronic record and certified as authentic by the clerk or his designee, shall constitute a certified copy of the will for any purpose arising under this title for which a certified copy of the will is required.

Code 1950, § 64-90; 1964, c. 169; 1966, c. 254; 1968, c. 656, § 64.1-94; 1978, c. 366; 1994, c. 64; 2001, c. 836; 2002, c. 832; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-456. Bona fide purchaser of real estate without notice of devise protected.
The title of a bona fide purchaser without notice from the heir at law of a person who has died heretofore, or who may die hereafter, having title to any real estate of inheritance in the Commonwealth, shall not be affected by a devise of such real estate made by the decedent, unless within one year after the testator's death the will devising the same or, if such will has been probated outside of the Commonwealth, an authenticated copy thereof and the certificate of probate shall be filed for probate before the court or clerk having jurisdiction for that purpose and shall afterwards be admitted to probate and recorded in the proper court or clerk's office as a will of real estate.

Code 1950, § 64-91; 1968, c. 656, § 64.1-95; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will.
The title of a bona fide purchaser without notice from the devisee, or from the personal representative with power to sell, encumber, lease, or exchange, under the will of a person who has died heretofore, or may die hereafter, having title to any real estate of inheritance in the Commonwealth, shall not be affected by any other devise of such real estate made by the testator in another will, unless within one year after the testator's death such other will or, if such other will has been probated outside of the Commonwealth, an authenticated copy thereof and the certificate of probate shall be filed for probate before the court or clerk having jurisdiction for that purpose and shall afterwards be admitted to probate and recorded in the proper court or clerk's office as a will of real estate.

Code 1950, § 64-92; 1968, c. 656, § 64.1-96; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 4 (WILLS)
§ 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy.
The title of a bona fide purchaser without notice from the devisee, or from the personal representative with power to sell, encumber, lease, or exchange, under the will of a person who has died heretofore, or may die hereafter, having title to any real estate of inheritance in the Commonwealth, shall not be affected by the later impeachment of the testator's will that results in intestacy, unless within one year after the testator's death a complaint is filed before the court having jurisdiction for that purpose.

1991, c. 197, § 64.1-96.1; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-500. Grant of administration with the will annexed.
A. If the will does not name an executor, or the executor named refuses to accept, fails to give bond, or dies, resigns, or is removed from office, the court or clerk may grant administration with the will annexed to a person who is a residual or substantial legatee under the will, or his designee, or if such person fails to apply for administration within 30 days, to a person who would have been entitled to administration if there had been no will.

B. Administration shall not be granted to any person unless he takes the required oath and gives bond, and the court or clerk is satisfied that he is suitable and competent to perform the duties of his office. Administration shall not be granted to any person under a disability as defined in § 8.01-2.

C. If any beneficiary of the estate objects, a spouse or parent who has been barred from all interest in the estate because of desertion or abandonment as provided under § 64.2-308 or 64.2-308.17, as applicable, may not serve as an administrator of the estate.

Code 1950, § 64-112; 1968, c. 656, § 64.1-116; 1979, c. 323; 2000, c. 321; 2012, c. 614; 2016, cc. 187, 269.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-501. Oath of executor or administrator with the will annexed.
An executor or administrator with the will annexed shall take an oath that the writing admitted to record contains the true last will of the decedent, so far as he knows, and that he will faithfully perform the duties of his office to the best of his judgment. Such oath may be taken on behalf of a corporation by its president, vice-president, secretary, treasurer, or trust officer.

Code 1950, § 64-113; 1968, c. 656, § 64.1-117; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-503. Oath and bond of administrator of intestate estate.
An administrator of an intestate estate shall give bond and take an oath that the decedent has left no will, so far as he knows, and that he will faithfully perform the duties of his office to the best of his judgment. Such oath may be taken on behalf of a corporation by its president, a vice-president, secretary, treasurer, or trust officer.

Code 1950, § 64-115; 1968, c. 656, § 64.1-119; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-504. Bond of executor or administrator.
A. Except as provided in subsection B, every bond of an executor or administrator shall be, at least, in an amount equal to (i) the full value of the personal estate of the decedent to be administered, or (ii) if the will authorizes the executor or administrator to sell real estate, or receive the rents and profits thereof, the full value of the personal estate and such real estate, or the rents and profits thereof, as the case may be.

B. Upon the request of an executor or administrator, the clerk shall redetermine the amount of the bond in light of any reduction in the current market value of the estate in the executor's or administrator's possession or subject to his power, whether such reduction is due to disbursements, distributions, or valuation of assets, if such reduction is reflected in an accounting that has been confirmed by the court or an inventory that has been approved by the commissioner of accounts and recorded in the clerk's office. This provision shall not apply to any bond set by the court.

Code 1950, § 64-116; 1968, c. 656, § 64.1-120; 1996, c. 317; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-505. When security not required.
A. The court or clerk shall require a personal representative to furnish security. However, the court or clerk shall not require a personal representative to furnish security if:

1. 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 with others who are not distributees or beneficiaries; however, if all personal representatives of a testate decedent are entitled to file a statement in lieu of an accounting under § 64.2-1314, the security shall be required only upon the portion of their bond given in connection with the property passing to beneficiaries who are not personal representatives; or

2. The will waives security of an executor nominated therein.

B. Notwithstanding subsection A, upon the motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the court or clerk may require the personal representative to furnish security. A copy of such motion shall be served upon the personal representative. The court shall conduct a hearing on the motion and may require the personal representative to furnish security in an amount it deems sufficient and may award the movant reasonable attorney fees and costs which shall be paid out of the estate.

C. This section shall be deemed to permit qualification without security where the personal representative is the only distributee or only beneficiary by virtue of one or more instruments of disclaimer filed prior to, or at the time of, such personal representative's qualification.

Code 1950, § 64-117; 1966, c. 325; 1968, c. 656, § 64.1-121; 1970, c. 426; 1974, c. 140; 1977, c. 144; 1994, c. 393; 1996, c. 57; 2012, c. 614; 2014, c. 291; 2015, c. 631.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-506. When letters of administration and order for obtaining probate in due form are required.
The court or clerk may issue a certificate of qualification to any personal representative for obtaining probate or letters of administration, which shall be given the same effect as the probate or letters made out in due form. The clerk when required by any personal representative, shall make out such probate or letters in due form that shall be signed by the clerk, sealed with the seal of the court, and certified by the judge to be attested in due form.

Code 1950, § 64-118; 1968, c. 656, § 64.1-122; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-507. 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 of qualification, a statement in at least the following form: "As an executor or administrator of an estate, you are charged with the responsibility of filing any income, inheritance or estate tax returns required by state or federal law and an accounting of your handling of the estate."

1980, c. 292, § 64.1-122.1; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-509. List of heirs.
A. Every personal representative of a decedent, whether the decedent died testate or intestate, shall, at the time of his qualification, and every proponent of a will where there is no qualification of a personal representative, shall, at the time the will is presented for probate, furnish a list of heirs under oath in accordance with a form provided to each clerk of court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile thereof to the court or clerk where the personal representative qualifies and to the clerk of the circuit court for the jurisdiction where any real estate that is part of the decedent's estate is located.

B. If there has been no qualification of a personal representative within 30 days following the decedent's death, a list of heirs, made under oath in accordance with the form provided to each clerk or a computer-generated facsimile thereof, may be filed by any heir at law of a decedent who died intestate.

C. The clerk shall record the list of heirs in the will book and index the list in the name of the decedent and the heirs. A list of heirs made under oath and recorded pursuant to this section shall be prima facie evidence of the facts contained in the list. The cost of recording the list shall be deemed a part of the cost of administration and be paid out of the estate of the decedent.

D. The personal representative shall not receive any compensation for his services until the list of heirs is filed unless he files an affidavit before the commissioner of accounts that the heirs are unknown to him and that after diligent inquiry he has been unable to ascertain their names, ages, or addresses, as the case may be.

E. The list of heirs filed pursuant to this section shall reflect the heirs in existence on the date of the decedent's death. If there are any changes as to who should be included on the list of heirs, an additional list of heirs shall be filed that includes such changes.

Code 1950, § 64-127; 1954, c. 182; 1968, cc. 384, 656, § 64.1-134; 1984, c. 339; 1994, c. 327; 1998, c. 610; 2010, c. 585; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-510. Affidavit relating to real estate of intestate decedent.
A. Any person having an interest in real estate that is part of an intestate decedent's estate, including a personal representative who has qualified, may execute an affidavit, on a form provided to each clerk of the court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile thereof, setting forth briefly (i) a description of the real estate owned by the decedent at the time of his death situated within the jurisdiction where the affidavit is to be recorded; (ii) that the decedent died intestate; and (iii) the names and last known addresses of the decedent's heirs at law. The clerk of the circuit court of the jurisdiction where such real estate or any part thereof is located shall record and index the affidavit as wills are recorded and indexed in the name of the decedent and the heirs.

B. The clerk of the circuit court of the jurisdiction where the affidavit is recorded shall transmit an abstract of the affidavit to the commissioner of the revenue of such jurisdiction. In lieu of a printed paper copy of such abstract, the clerk may provide an electronic abstract or secure remote electronic access to such abstract to the commissioner. Upon receipt of the affidavit, the commissioner may transfer the real estate upon the land books and assess the real estate in accordance therewith.

Code 1950, § 64-127.1; 1952, c. 149; 1968, c. 656, § 64.1-135; 1998, c. 610; 2012, c. 614; 2017, c. 42.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-511. Powers of executor before qualification.
A person named in a will as executor shall not exercise the powers of executor until he qualifies as such by taking an oath and giving bond in the court or before the clerk where the will or an authenticated copy thereof is admitted to record, except that he may provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste.

Code 1950, § 64-128; 1968, c. 656, § 64.1-136; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-512. Funeral expenses.
Subject to the provisions of § 64.2-528, reasonable funeral and burial expenses of a decedent shall be considered an obligation of the decedent's estate, which shall be liable for such expenses to (i) the funeral establishment, (ii) the cemetery, (iii) any third-party creditor who finances the payment of such expenses, or (iv) any person authorized to make arrangements for the funeral of the decedent who has paid such expenses. A person who is authorized to make arrangements for the funeral of the decedent shall have the authority to bind the decedent's estate for such expenses and may execute, on behalf of the estate, any necessary instruments.

1999, c. 193, § 64.1-136.1; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-513. Effect of death, resignation, or removal of sole executor.
Upon the death, resignation, or removal of the sole surviving executor under any last will, administration of the estate of the testator not already administered may be granted, with the will annexed, to any person the court deems appropriate.

Code 1950, § 64-129; 1968, c. 656, § 64.1-137; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-514. 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, § 64.1-139; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-515. Duty of fiduciaries as to joint accounts.
A. Except as provided in subsection B, a fiduciary charged with the administration of the estate of a decedent is not required to assert a claim on behalf of the decedent's estate to any funds on deposit in any financial institution in a joint account held, at the time of the decedent's death, in the name of the decedent and one or more other persons when the terms of the contract of deposit, or the laws of the state in which such funds are deposited, permit such financial institution to pay the funds to (i) any of such persons in whose name the account is held, whether the other, or others, are living or not, or (ii) a named survivor or survivors.

B. The fiduciary shall assert a claim to such funds if he receives a request in writing from any person interested in the estate within six months from the date of the initial qualification of the estate. The fiduciary, or his attorney, shall acknowledge in writing receipt of such request within 10 days, and if the fiduciary is the surviving cotenant of such funds, the fiduciary shall segregate such funds and place such funds in an interest-bearing account, awaiting an appropriate court order concerning the ultimate disposition of such funds. The fiduciary shall not use such funds for his own personal account. However, if the fiduciary accedes to the request that such funds be treated as estate funds, the fiduciary may distribute the funds according to law without any court order.

Code 1950, § 64-131.1; 1966, c. 600; 1968, c. 656, § 64.1-140; 1970, c. 425; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-516. Duties of fiduciaries as to certain obligations of the United States.
A. Except as provided in subsection B, a fiduciary charged with the administration of the estate of a decedent is not required to assert a claim to or seek to recover the whole or any part of funds arising from the redemption or payment of bonds of the United States that are paid or payable to others under the applicable laws of the United States or rules and regulations of the U.S. Department of the Treasury.

B. The fiduciary shall assert a claim to such funds if he receives a request in writing from any person interested in the estate within six months from the date of the initial qualification of the estate. The fiduciary, or his attorney, shall acknowledge in writing receipt of such request within 10 days, and if the fiduciary is the co-owner of such funds, the fiduciary shall segregate such funds and place such funds in an interest-bearing account, awaiting an appropriate court order concerning the ultimate disposition of such funds. The fiduciary shall not use such funds for his own personal account. However, if the fiduciary accedes to the request that such funds be treated as estate funds, the fiduciary may distribute the funds according to law without any court order.

Code 1950, § 64-131.2; 1968, c. 656, § 64.1-141; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-517. Exercise of discretionary powers by surviving executors or administrators with the will annexed.
A. When discretionary powers are conferred upon the executors under any will and some, but not all, of the executors die, resign, or become incapable of acting, the executors or executor remaining shall continue to exercise the discretionary powers conferred by the will, unless the will expressly provides that the discretionary powers cannot be exercised by fewer than all of the original executors named in the will.

B. When discretionary powers are conferred upon the executors under any will and all of the executors or the sole executor if only one is named in the will dies, resigns, or becomes incapable of acting, the administrator with the will annexed appointed by the court shall exercise the discretionary powers conferred by the will upon the original executors or executor, unless the will expressly provides that the discretionary powers can only be exercised by the executors or executor named in the will.

Code 1950, § 64-132; 1968, c. 656, § 64.1-142; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-518. When personal representative may renew obligation of decedent.
A. When a decedent is obligated on any note, bond, or other obligation for the payment of money that is due at the time of the decedent's death, or becomes due prior to the settlement of the decedent's estate, the decedent's personal representative may execute, in the same capacity as the decedent was obligated, a new note, bond, or other obligation for the payment of money for no more than the same amount as the sum due on the original obligation, including both principal and interest, which shall be in lieu of the obligation of the decedent, whether made payable to the original holder or another. Any note, bond, or other obligation executed by the personal representative shall be binding upon the estate of the decedent to the same extent and in the same manner as the original note, bond, or other obligation executed by the decedent.

B. The personal representative may renew such note, bond, or other obligation for the payment of money from time to time, provided, that the time for final payment of the note, bond, or other obligation, or any renewal thereof, shall not exceed two years from the qualification of the original personal representative, unless otherwise ordered by a court of competent jurisdiction.

C. The personal representative is not personally liable for any note, bond, or other obligation for the payment of money executed pursuant to this section.

Code 1950, § 64-133; 1968, c. 656, § 64.1-143; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-519. Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death.
A personal representative may sue or be sued (i) upon any judgment for or against the decedent, (ii) upon any contract of or with the decedent, or (iii) in any action for personal injury or wrongful death against or on behalf of the estate.

Code 1950, § 64-134; 1968, c. 656, § 64.1-144; 2001, c. 223; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-520. Action for goods carried away, or for waste, destruction of, or damage to estate of decedent.
A. Any action for damages for the taking or carrying away of any goods, or for the waste, destruction of, or damage to any estate of or by the decedent, whether such damage be direct or indirect, may be maintained by or against the decedent's personal representative.

B. Any action pursuant to this section shall survive pursuant to § 8.01-25.

Code 1950, § 64-135; 1968, c. 656, § 64.1-145; 1977, c. 624; 2004, c. 368; 2012, c. 614; 2017, cc. 43, 93.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-520.1. Legal duty; action for damages from legal malpractice concerning estate planning; third parties.
A. Notwithstanding § 55.1-119, an attorney does not owe a legal duty to any person other than the client in any engagement for the purpose of the client's estate planning, including the provision of legal advice or the preparation of legal documents, unless the client and attorney enter into a signed, written agreement that expressly provides that the client and attorney intend to confer a benefit upon a third party by specific reference to this subsection.

B. Notwithstanding the provisions of this section, no action shall be based upon damages that may reasonably be avoided or that result from a change of law subsequent to the representation upon which the action is based.

2017, cc. 43, 93; 2025, cc. 450, 467.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-520.2. Reliance on certificate of qualification of a personal representative.
A. Any individual or entity conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume that the personal representative is properly authorized to act as to any matter or transaction. A person that refuses in violation of this section to accept a certificate of qualification is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification.

B. A person shall either accept or reject a certificate of qualification no later than seven business days after presentation of such certificate of qualification for acceptance. A person is not required to accept a certificate of qualification for a transaction if:

1. Engaging in the transaction with the personal representative would be inconsistent with state or federal law;

2. The person has actual knowledge of the termination of the personal representative's authority or of the certificate of qualification before exercise of the power;

3. The person in good faith believes that the certificate of qualification is not valid or that the personal representative does not have the authority to perform the act requested; or

4. The person believes in good faith that the transaction may involve, facilitate, result in, or contribute to financial exploitation.

2020, c. 702.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-521. Personal representatives to sell real estate devised to be sold, and to receive certain rents.
A. If the will devises real estate to be sold and no person other than the executor is appointed to sell such real estate, the executor has the power to sell and convey such real estate and to receive the proceeds of sale or the rents and profits of any real estate that the executors are authorized by the will to receive.

B. Unless a contrary intent is clearly set out in the will, if no executor qualifies, or those qualifying die, resign, or are removed, an administrator with the will annexed has the power to sell or convey the real estate devised by the will to be sold and to receive the proceeds of sale or the rents and profits of any real estate.

Code 1950, §§ 64-136, 64-137; 1968, c. 656, §§ 64.1-146, 64.1-147; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-522. Personal representatives to pay over sale proceeds and rents to persons entitled.
An executor or administrator shall faithfully pay the rents and profits or proceeds of sale of real estate that lawfully come into his possession, or into the possession of any person for him, to such persons entitled thereto.

Code 1950, § 64-141; 1968, c. 656, § 64.1-151; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-523. Personal representative may execute deed pursuant to written contract of decedent.
When any decedent has executed and delivered a bona fide written contract of sale, purchase option, or other agreement binding such deceased person, his heirs, personal representatives, or assigns, to convey any real property or any interest therein, his personal representatives may execute a deed and do all things necessary to effect the transfer of title to such real property or any interest therein to the purchaser upon the purchaser's full compliance with the terms and conditions of such contract, option, or agreement. Such transfer shall be as effective as if it had been made by the decedent. The contract, option, or agreement shall be attached to any deed executed by a personal representative pursuant to this section and the clerk shall record such contract, option, or agreement in the deed book. Any personal representative duly qualified in any other state, upon taking an oath that the decedent owed no debts in the Commonwealth and posting bond upon such terms and in such amount as may be fixed by the clerk, but not less than the value of the decedent's interest to be conveyed, may convey real property or any interest therein under the provisions of this section without qualifying in the Commonwealth.

Code 1950, § 64-138; 1958, c. 416; 1966, c. 346; 1968, c. 656, § 64.1-148; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-524. Validation of certain conveyances by foreign executor.
A. Every conveyance of real estate within the Commonwealth made prior to June 30, 1986, by the executor under a will that, prior to such sale, has been probated according to the laws of another state without the qualification of the executor in the Commonwealth, shall be as valid and effective to pass the title of such real estate as if the executor had qualified in the Commonwealth, provided that (i) the will under which the executor acted was duly executed according to the laws of the Commonwealth, (ii) the will confers upon the executor the power to convey the real estate, and (iii) an authenticated copy of such will has been admitted to probate in the Commonwealth in the county or city in which the real estate or any part thereof is located.

B. Notwithstanding any other provision of law, any conveyance of real estate within the Commonwealth made on or after June 30, 1986, by an executor described in subsection A or the trustee of a testamentary trust established in a will where the will, prior to such sale, has been probated according to the laws of another state shall, without the qualification of the executor or the testamentary trustee in the Commonwealth, be valid and effective to pass the title of such real estate provided that (i) the executor or testamentary trustee had duly qualified according to the laws of the state where the will was probated, (ii) the will under which the executor or testamentary trustee acted was duly executed according to the laws of the Commonwealth as a valid will and confers upon the executor or testamentary trustee the power to convey the real estate so conveyed, and (iii) an authenticated copy of such will has been admitted to probate in the Commonwealth in the county or city in which the real estate or any part thereof is situated.

Code 1950, §§ 64-139, 64-140; 1958, c. 558; 1960, c. 279; 1968, c. 656, §§ 64.1-149, 64.1-150; 1996, c. 93; 2012, cc. 61, 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-525. Debtor's appointment as executor.
The appointment of a debtor of the estate as executor shall not extinguish his debt to the estate.

Code 1950, § 64-142; 1968, c. 656, § 64.1-152; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-526. What personal estate to be sold; use of proceeds.
A. Subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3 and excluding personal estate that the will directs not to be sold, the personal representative shall sell such assets of the personal estate where the retention of such assets is likely to result in an impairment of value. In conducting such a sale, the personal representative may give reasonable credit and take bond with good security.

B. If, after the sale pursuant to subsection A, the personal estate is not sufficient to pay the funeral expenses, charges of administration, debts, and legacies, the personal representative shall sell so much of the remaining personal estate as is necessary to pay such obligations. In conducting such a sale, the personal representative shall give as much consideration as practicable to preserving specific bequests in the will and to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3.

C. Unless necessary for the payment of funeral expenses, charges of administration, or debts, the personal representative shall not sell personal estate that the will directs not to be sold.

Code 1950, §§ 64-143, 64-144, 64-145; 1966, c. 331; 1968, c. 656, §§ 64.1-153, 64.1-154, 64.1-155; 1981, c. 580; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 5 (Personal Representatives and Administration of Estates)
§ 64.2-527. Estate held for another's life; inclusion in personal estate.
Any estate for the life of another shall go to the personal representative of the party entitled to the estate and shall be applied and distributed as the personal estate of such party.

Code 1950, § 64-146; 1968, c. 656, § 64.1-156; 2012, c. 614.