{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-721.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-721.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-721.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-721.html"}],"law_id":62490,"edition_id":1,"section_id":62490,"structure_id":13547,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","history":"Code 1950, \u00a7 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, \u00a7 37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716; 2012, cc. 476, 507.","full_text":"Upon the death of any individual who is receiving or who has received services, his estate shall be liable only for the charges remaining unpaid and not more than five years past due and the unsatisfied portion of any judgment rendered by a court in a proceeding under this article. Upon the death of any individual who is receiving or who has received services, the provisions of \u00a7 37.2-717, which prohibit depleting the individual’s estate below $500, shall after funeral expenses have no further application, and such sum may be applied to the charges of the Department remaining unpaid or may be applied to the unsatisfied portion of any judgment.\n\t\tUpon the death of any individual who is receiving or who has received services in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department, having reason to believe that the individual died possessed of real or personal property from which reimbursement may be had, shall prepare and acknowledge, as deeds are acknowledged, a notice showing the name of the individual and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the individual’s death in the office of the clerk of the court in which deeds are admitted to record in the county or city in which the real or personal property is located. The clerk of court shall record this notice as a lien is recorded, indexing it in the names of the individual and the Department. The filing of this notice shall create a lien against the estate, both real and personal, of the deceased individual prior to all other claims of the same class except prior liens. No such claim shall be enforced against any real estate of the deceased individual while such real estate is occupied by the surviving spouse of the individual or while such real estate is occupied by any dependent child of the individual.","order_by":null,"text":{"0":{"id":227902,"text":"Upon the death of any individual who is receiving or who has received services, his estate shall be liable only for the charges remaining unpaid and not more than five years past due and the unsatisfied portion of any judgment rendered by a court in a proceeding under this article. Upon the death of any individual who is receiving or who has received services, the provisions of \u00a7 37.2-717, which prohibit depleting the individual’s estate below $500, shall after funeral expenses have no further application, and such sum may be applied to the charges of the Department remaining unpaid or may be applied to the unsatisfied portion of any judgment.\n\t\tUpon the death of any individual who is receiving or who has received services in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department, having reason to believe that the individual died possessed of real or personal property from which reimbursement may be had, shall prepare and acknowledge, as deeds are acknowledged, a notice showing the name of the individual and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the individual’s death in the office of the clerk of the court in which deeds are admitted to record in the county or city in which the real or personal property is located. The clerk of court shall record this notice as a lien is recorded, indexing it in the names of the individual and the Department. The filing of this notice shall create a lien against the estate, both real and personal, of the deceased individual prior to all other claims of the same class except prior liens. No such claim shall be enforced against any real estate of the deceased individual while such real estate is occupied by the surviving spouse of the individual or while such real estate is occupied by any dependent child of the individual.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13547,"edition_id":1,"name":"Expenses of Care, Treatment or Training, and Maintenance","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:45:11","date_modified":"2026-06-26 03:45:11","permalink":{"id":210225,"object_type":"structure","relational_id":13547,"identifier":"2","token":"37.2\/II\/7\/2","url":"\/37.2\/II\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54512,"structure_id":13547,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","url":"\/37.2-715\/","token":"37.2\/II\/7\/2\/37.2-715","metadata":false},{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},{"id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","metadata":false},{"id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","metadata":false},{"id":76873,"structure_id":13547,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/II\/7\/2\/37.2-719","metadata":false},{"id":63671,"structure_id":13547,"section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/II\/7\/2\/37.2-720","metadata":false},{"id":62490,"structure_id":13547,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","url":"\/37.2-721\/","token":"37.2\/II\/7\/2\/37.2-721","metadata":false}],"previous_section":{"id":63671,"structure_id":13547,"section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/II\/7\/2\/37.2-720","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-721\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 492; in 1954, chapter 445; in 1968, chapter 477; in 1972, chapter 383; in 1976, chapter 671; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":false,"refers_to":[{"id":62149,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","order_by":null,"url":"\/37.2-717\/"}],"permalink":{"id":210251,"object_type":"law","relational_id":62490,"identifier":"37.2-721","token":"37.2\/II\/7\/2\/37.2-721","url":"\/37.2-721\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-721\/","token":"37.2\/II\/7\/2\/37.2-721","dublin_core":{"Title":"Liability of estate of the individual receiving services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-721","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the death of any individual<\/span> who is receiving or who has received services, his estate shall be liable only for the charges remaining unpaid and not more than five years past due and the unsatisfied portion of any judgment<\/span> rendered by a court in a proceeding under this article. Upon the death of any individual<\/span> who is receiving or who has received services, the provisions of \u00a7 37.2-717<\/a>, which prohibit depleting the individual<\/span>’s estate below $500, shall after funeral expenses have no further application, and such sum may be applied to the charges of the Department<\/span> remaining unpaid or may be applied to the unsatisfied portion of any judgment<\/span>.\n\t\tUpon the death of any individual<\/span> who is receiving or who has received services in the event amounts remain unpaid for his care, treatment or training, and maintenance, the Department<\/span>, having reason to believe that the individual<\/span> died possessed of real or personal property from which reimbursement may be had, shall prepare and acknowledge, as deeds are acknowledged, a notice showing the name of the individual<\/span> and the actual per diem cost of maintenance due and shall file the notice within four months of the date of the individual<\/span>’s death in the office of the clerk of the court in which deeds are admitted to record in the county or city in which the real or personal property is located. The clerk of court<\/span> shall record this notice as a lien<\/span> is recorded, indexing it in the names of the individual<\/span> and the Department<\/span>. The filing of this notice shall create a lien<\/span> against the estate, both real and personal, of the deceased individual<\/span> prior to all other claims of the same class except prior liens<\/span>. No such claim shall be enforced against any real estate of the deceased individual<\/span> while such real estate is occupied by the surviving spouse of the individual<\/span> or while such real estate is occupied by any dependent child of the individual<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF ESTATE OF THE INDIVIDUAL RECEIVING SERVICES (\u00a7 37.2-721)\n\nUpon the death of any individual who is receiving or who has received services,\nhis estate shall be liable only for the charges remaining unpaid and not more\nthan five years past due and the unsatisfied portion of any judgment rendered by\na court in a proceeding under this article. Upon the death of any individual who\nis receiving or who has received services, the provisions of \u00a7 37.2-717, which\nprohibit depleting the individual’s estate below $500, shall after funeral\nexpenses have no further application, and such sum may be applied to the charges\nof the Department remaining unpaid or may be applied to the unsatisfied portion\nof any judgment.\n\t\tUpon the death of any individual who is receiving or who has received services\nin the event amounts remain unpaid for his care, treatment or training, and\nmaintenance, the Department, having reason to believe that the individual died\npossessed of real or personal property from which reimbursement may be had,\nshall prepare and acknowledge, as deeds are acknowledged, a notice showing the\nname of the individual and the actual per diem cost of maintenance due and shall\nfile the notice within four months of the date of the individual’s death\nin the office of the clerk of the court in which deeds are admitted to record in\nthe county or city in which the real or personal property is located. The clerk\nof court shall record this notice as a lien is recorded, indexing it in the\nnames of the individual and the Department. The filing of this notice shall\ncreate a lien against the estate, both real and personal, of the deceased\nindividual prior to all other claims of the same class except prior liens. No\nsuch claim shall be enforced against any real estate of the deceased individual\nwhile such real estate is occupied by the surviving spouse of the individual or\nwhile such real estate is occupied by any dependent child of the individual.\n\nHISTORY: Code 1950, \u00a7 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, \u00a7\n37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716; 2012, cc. 476, 507.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}