Virginia Code — 64.2
Browse 776 sections in division 64.2 of the Virginia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 64.2-100. Definitions
- § 64.2-101. Construction of generic terms
- § 64.2-102. Meaning of child and related terms
- § 64.2-103. Evidence of paternity
- § 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
- § 64.2-105. Incorporation by reference of certain powers of fiduciaries into will or trust instrument
- § 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
- § 64.2-107. Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election
- § 64.2-108. Power granted to personal representatives and trustees to donate conservation or open-space easements
- § 64.2-108.1. References to former sections, articles, or chapters
- § 64.2-108.2. Provision in certain trust void
- § 64.2-109. Repealed
- § 64.2-116. Definitions
- § 64.2-117. Applicability
- § 64.2-118. User direction for disclosure of digital assets
- § 64.2-119. Terms-of-service agreement
- § 64.2-120. Procedure for disclosing digital assets
- § 64.2-121. Disclosure of content of electronic communications of deceased user
- § 64.2-122. Disclosure of other digital assets of deceased user
- § 64.2-123. Disclosure of content of electronic communications of principal
- § 64.2-124. Disclosure of other digital assets of principal
- § 64.2-125. Disclosure of digital assets held in trust when trustee is original user
- § 64.2-126. Disclosure of contents of electronic communications held in trust when trustee is not original user
- § 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user
- § 64.2-128. Disclosure of digital assets to conservator or guardian of protected person
- § 64.2-129. Fiduciary duty and authority
- § 64.2-130. Custodian compliance and immunity
- § 64.2-131. Uniformity of application and construction
- § 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act
- § 64.2-200. Course of descents generally; right of Commonwealth if no other heir
- § 64.2-201. Distribution of personal estate; right of Commonwealth if no other distributee
- § 64.2-202. When persons take per capita and when per stirpes; collaterals of the half blood
- § 64.2-203. Inheritance rights of certain individuals
- § 64.2-204. Afterborn heirs
- § 64.2-205. Right of entry or action for land not affected by descent cast
- § 64.2-206. Advancements brought into hotchpot
- § 64.2-300. Applicability; definitions
- § 64.2-301. Dower or curtesy abolished
- § 64.2-302. When and how elective share may be claimed by surviving spouse
- § 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate
- § 64.2-304. Rights upon claiming an elective share
- § 64.2-305. Augmented estate; exclusions; valuation
- § 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share
- § 64.2-307. Rights in family residence
- § 64.2-308. Statutory rights barred by desertion or abandonment
- § 64.2-308.1. Applicability; definitions
- § 64.2-308.2. Dower or curtesy abolished
- § 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary
- § 64.2-308.4. Composition of the augmented estate; marital property portion
- § 64.2-308.5. Decedent's net probate estate
- § 64.2-308.6. Decedent's non-probate transfers to others
- § 64.2-308.7. Decedent's non-probate transfers to the surviving spouse
- § 64.2-308.8. Surviving spouse's property and non-probate transfers to others
- § 64.2-308.9. Exclusions, valuation, and overlapping application
- § 64.2-308.10. Sources from which elective share payable
- § 64.2-308.11. Personal liability of recipients
- § 64.2-308.12. Proceeding for elective share; time limit
- § 64.2-308.13. Right of election personal to surviving spouse; incapacitated surviving spouse
- § 64.2-308.14. Waiver of right to elect and of other rights; defenses
- § 64.2-308.15. Protection of payors and other third parties
- § 64.2-308.16. Rights in family residence
- § 64.2-308.17. Statutory rights barred by desertion or abandonment
- § 64.2-309. Family allowance
- § 64.2-310. Exempt property
- § 64.2-311. Homestead allowance
- § 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief
- § 64.2-313. When and how exempt property and allowances may be claimed
- § 64.2-314. Waiver
- § 64.2-315. Application
- § 64.2-316. Presumptions
- § 64.2-317. Disposition upon death
- § 64.2-318. Perfection of title of surviving spouse
- § 64.2-319. Perfection of title of personal representative, heir or devisee
- § 64.2-320. Purchaser for value or lender
- § 64.2-321. Creditor's rights
- § 64.2-322. Acts of married persons
- § 64.2-323. Limitations on testamentary disposition
- § 64.2-324. Uniformity of application and construction
- § 64.2-400. Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property
- § 64.2-401. Who may make a will; what estate may be disposed of
- § 64.2-402. Advertisements to draw wills prohibited; penalty
- § 64.2-403. Execution of wills; requirements
- § 64.2-404. Writings intended as wills
- § 64.2-404.1. Reformation of will to correct mistakes or achieve decedent's tax objectives
- § 64.2-405. Interested persons as competent witnesses
- § 64.2-406. Repealed
- § 64.2-407. Will of personal estate of nonresidents
- § 64.2-408. Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen
- § 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
- § 64.2-410. Revocation of wills generally
- § 64.2-411. Revival of wills after revocation
- § 64.2-412. Revocation by divorce or annulment; revival upon remarriage; no revocation by other change
- § 64.2-413. Effect of subsequent conveyance on will
- § 64.2-414. When wills deemed to speak
- § 64.2-415. How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases
- § 64.2-416. Devises, bequests, and distributions that fail; how to pass
- § 64.2-417. When advancement deemed satisfaction of devise or bequest
- § 64.2-418. When children or descendants of beneficiary to take estate or trust
- § 64.2-419. Provision for omitted children when no child living when will made
- § 64.2-420. Provision for omitted children when child living when will made
- § 64.2-421. Construction of certain conditions of spouse's survivorship
- § 64.2-422. When omitted spouse to take intestate portion
- § 64.2-423. Repealed
- § 64.2-424. When direction to purchase annuity binding on legatee
- § 64.2-425. Interest on pecuniary legacies
- § 64.2-426. Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999
- § 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999
- § 64.2-428. Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount
- § 64.2-429. Construction of trust provisions otherwise eligible for the election permitted under § 2056(b)(7) of the Internal Revenue Code
- § 64.2-430. Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981
- § 64.2-431. Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution
- § 64.2-432. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011
- § 64.2-433. Definitions
- § 64.2-434. Validity
- § 64.2-435. Requirements
- § 64.2-436. Other points of form
- § 64.2-437. Certificate
- § 64.2-438. Effect of certificate
- § 64.2-439. Revocation
- § 64.2-440. Source and construction
- § 64.2-441. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency
- § 64.2-442. International will information registration
- § 64.2-443. Jurisdiction of probate of wills
- § 64.2-444. Clerks may probate wills
- § 64.2-445. Appeal from order of clerk
- § 64.2-446. Motion for probate; process against persons interested in probate
- § 64.2-447. Use of depositions
- § 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
- § 64.2-449. Procedure in probate proceedings
- § 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
- § 64.2-451. Appointment of curator; when made; his duties
- § 64.2-452. How will may be made self-proved; affidavits of witnesses
- § 64.2-453. How will may be made self-proved; acknowledgment of witnesses
- § 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
- § 64.2-454.1. Will contest; presumption of undue influence
- § 64.2-455. Wills to be recorded; recording copies; effect; transfer to The Library of Virginia
- § 64.2-456. Bona fide purchaser of real estate without notice of devise protected
- § 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will
- § 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy
- § 64.2-500. Grant of administration with the will annexed
- § 64.2-501. Oath of executor or administrator with the will annexed
- § 64.2-502. Grant of administration of intestate estate
- § 64.2-503. Oath and bond of administrator of intestate estate
- § 64.2-504. Bond of executor or administrator
- § 64.2-505. When security not required
- § 64.2-506. When letters of administration and order for obtaining probate in due form are required
- § 64.2-507. Clerks to deliver statement of responsibilities
- § 64.2-508. Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and reports to be provided to certain parties
- § 64.2-509. List of heirs
- § 64.2-510. Affidavit relating to real estate of intestate decedent
- § 64.2-511. Powers of executor before qualification
- § 64.2-512. Funeral expenses
- § 64.2-513. Effect of death, resignation, or removal of sole executor
- § 64.2-514. Duty of every personal representative
- § 64.2-515. Duty of fiduciaries as to joint accounts
- § 64.2-516. Duties of fiduciaries as to certain obligations of the United States
- § 64.2-517. Exercise of discretionary powers by surviving executors or administrators with the will annexed
- § 64.2-518. When personal representative may renew obligation of decedent
- § 64.2-519. Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death
- § 64.2-520. Action for goods carried away, or for waste, destruction of, or damage to estate of decedent
- § 64.2-520.1. Legal duty; action for damages from legal malpractice concerning estate planning; third parties
- § 64.2-520.2. Reliance on certificate of qualification of a personal representative
- § 64.2-521. Personal representatives to sell real estate devised to be sold, and to receive certain rents
- § 64.2-522. Personal representatives to pay over sale proceeds and rents to persons entitled
- § 64.2-523. Personal representative may execute deed pursuant to written contract of decedent
- § 64.2-524. Validation of certain conveyances by foreign executor
- § 64.2-525. Debtor's appointment as executor
- § 64.2-526. What personal estate to be sold; use of proceeds
- § 64.2-527. Estate held for another's life; inclusion in personal estate
- § 64.2-528. Order in which debts and demands of decedents to be paid
- § 64.2-529. Creditors to be paid in order of their classification; class paid ratably; when representative not liable for paying debt
- § 64.2-530. Lien acquired during lifetime of decedent not affected
- § 64.2-531. Nonexoneration; payment of lien if granted by agent
- § 64.2-532. Real estate of decedent as assets for payment of debts
- § 64.2-533. Administration of assets for payment of debts
- § 64.2-534. Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances
- § 64.2-535. When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds
- § 64.2-536. Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence
- § 64.2-537. Action to enforce claim of less than $100; notice
- § 64.2-538. Lien acquired during lifetime of decedent not affected
- § 64.2-539. Definitions
- § 64.2-540. Apportionment required
- § 64.2-541. Recovery by executor when part of estate not in his possession
- § 64.2-542. Transfers not required until tax ascertained or security given
- § 64.2-543. Contrary provisions of will or other instrument to govern
- § 64.2-544. Construction of direction to pay all taxes imposed on account of testator's death
- § 64.2-545. Transfer of assets to administrator de bonis non; administration of assets
- § 64.2-546. Action against representative of executor for waste
- § 64.2-547. Revival of judgment by administrator de bonis non
- § 64.2-548. Action against surety of personal representative; procedure
- § 64.2-549. Liability of personal representative or his surety
- § 64.2-550. Proceedings for receiving proof of debts by commissioners of accounts
- § 64.2-551. Account of debts by commissioners of accounts
- § 64.2-552. How claims filed before commissioners of accounts; tolling of limitations period
- § 64.2-553. When court to order payment of debts
- § 64.2-554. When distribution may be required; refunding bond
- § 64.2-555. When fiduciaries are protected by refunding bonds
- § 64.2-556. Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund
- § 64.2-557. Form for notice to show cause under § 64.2-556
- § 64.2-558. Distribution to persons standing in loco parentis to certain beneficiaries
- § 64.2-600. Definitions
- § 64.2-601. Payment or delivery of small asset by affidavit
- § 64.2-602. Payment or delivery of small asset valued at $35,000 or less without affidavit
- § 64.2-603. Discharge and release of payor
- § 64.2-604. Payment or delivery of small asset; funeral expenses and disposition
- § 64.2-605. Construction of article
- § 64.2-606. Transfer of certain vessels registered with U.S. Coast Guard and transfer of motor vehicles
- § 64.2-607. Transfer of evidences of indebtedness, securities, and stock held in decedents' estates
- § 64.2-608. Transfer of securities of nonresident decedents
- § 64.2-609. Money and personal property belonging to nonresident decedents
- § 64.2-610. When court may allow another to qualify on estate
- § 64.2-611. Disposition by sheriff of property when no person entitled thereto
- § 64.2-612. Definitions
- § 64.2-613. Registration in beneficiary form; sole or joint tenancy ownership; applicable law
- § 64.2-614. Origination of registration in beneficiary form
- § 64.2-615. Form of registration in beneficiary form; effect
- § 64.2-616. Ownership on death of owner
- § 64.2-617. Protection of registering entity
- § 64.2-618. Nontestamentary transfer on death
- § 64.2-619. Terms, conditions, and forms for registration; examples
- § 64.2-620. Nonprobate transfers on death
- § 64.2-621. Definitions
- § 64.2-622. Applicability
- § 64.2-623. Nonexclusivity
- § 64.2-624. Transfer on death deed authorized
- § 64.2-625. Transfer on death deed revocable
- § 64.2-626. Transfer on death deed nontestamentary
- § 64.2-627. Capacity of transferor
- § 64.2-628. Requirements
- § 64.2-629. Notice, delivery, acceptance, consideration not required
- § 64.2-630. Revocation by instrument authorized; revocation by act not permitted
- § 64.2-631. Effect of transfer on death deed during transferor's life
- § 64.2-632. Effect of transfer on death deed at transferor's death
- § 64.2-633. Disclaimer
- § 64.2-634. Liability for creditor claims and statutory allowances
- § 64.2-635. Optional form of transfer on death deed
- § 64.2-636. Optional form of revocation
- § 64.2-637. Uniformity of application and construction
- § 64.2-638. Relation to federal Electronic Signatures in Global and National Commerce Act
- § 64.2-700. Scope
- § 64.2-701. Definitions
- § 64.2-702. Knowledge
- § 64.2-703. Default and mandatory rules
- § 64.2-704. Common law of trusts; principles of equity
- § 64.2-705. Governing law
- § 64.2-706. Principal place of administration
- § 64.2-707. Methods and waiver of notice
- § 64.2-708. Others treated as qualified beneficiaries
- § 64.2-709. Nonjudicial settlement agreements
- § 64.2-710. Role of court in administration of trust
- § 64.2-711. Jurisdiction over trustee and beneficiary
- § 64.2-712. Proceedings to appoint or remove trustees
- § 64.2-713. Pleadings; parties; orders; notice
- § 64.2-714. Representation; basic effect
- § 64.2-715. Representation by holder of general testamentary power of appointment
- § 64.2-716. Representation by fiduciaries and parents or other ancestors
- § 64.2-717. Representation by person having substantially identical interest
- § 64.2-718. Appointment of representative
- § 64.2-719. Methods of creating trust
- § 64.2-720. Requirements for creation
- § 64.2-721. Trusts created in other jurisdictions
- § 64.2-722. Trust purposes
- § 64.2-723. Charitable purposes; enforcement
- § 64.2-724. Creation of trust induced by fraud, duress, or undue influence
- § 64.2-725. Evidence of oral trust
- § 64.2-726. Trust for care of animal
- § 64.2-727. Noncharitable trust without ascertainable beneficiary
- § 64.2-728. Modification or termination of trust; proceedings for approval or disapproval
- § 64.2-729. Modification or termination of noncharitable irrevocable trust by consent
- § 64.2-730. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
- § 64.2-731. Cy pres
- § 64.2-732. Modification or termination of uneconomic trust
- § 64.2-733. Reformation to correct mistakes
- § 64.2-734. Modification to achieve settlor's tax objectives
- § 64.2-735. Combination and division of trusts
- § 64.2-736. Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust
- § 64.2-737. Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation
- § 64.2-738. Prohibitions as to trust that is deemed a split-interest trust
- § 64.2-739. Application of §§ 64.2-737 and 64.2-738
- § 64.2-740. Interpretation of references to Internal Revenue Code in §§ 64.2-736 through 64.2-739
- § 64.2-741. Powers of courts not impaired by §§ 64.2-736 through 64.2-740
- § 64.2-742. Rights of beneficiary's creditor or assignee
- § 64.2-743. Spendthrift provision
- § 64.2-744. Exceptions to spendthrift provision
- § 64.2-745. Certain claims for reimbursement for public assistance
- § 64.2-745.1. Self-settled spendthrift trusts
- § 64.2-745.2. Definitions; vacancies; right to withdraw
- § 64.2-746. Discretionary trusts; effect of standard
- § 64.2-747. Creditor's claim against settlor
- § 64.2-748. Overdue distribution
- § 64.2-749. Personal obligations of trustee
- § 64.2-750. Capacity of settlor of revocable trust
- § 64.2-751. Revocation or amendment of revocable trust
- § 64.2-752. Settlor's powers; powers of withdrawal
- § 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property
- § 64.2-754. Accepting or declining trusteeship
- § 64.2-755. Trustee's bond
- § 64.2-756. Cotrustees
- § 64.2-757. Vacancy in trusteeship; appointment of successor
- § 64.2-758. Resignation of trustee