{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2204.html"}],"law_id":82199,"edition_id":1,"section_id":82199,"structure_id":13990,"section_number":"64.2-2204","catch_line":"Evidence of death or status","history":"1994, c. 475, \u00a7 64.1-104.5; 2012, c. 614.","full_text":"In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status shall apply:\n\n1\n\nDeath occurs when an individual is determined to be dead in accordance with the provisions of § 54.1-2972 or Chapter 23 (§ 64.2-2300 et seq.).2\n\nA certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency, domestic or foreign, of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.3\n\nA certified or authenticated copy of any record or report purporting to be issued by a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status of the individual and of the dates, times, identities, circumstances, and places disclosed by the record or report.4\n\nIn the absence of prima facie evidence of death under subdivision 2 or 3, the facts of death may be established by clear and convincing evidence, including circumstantial evidence.5\n\nIn the absence of evidence disputing the time of death stated on a document described in subdivision 2 or 3, such a document that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.","order_by":null,"text":{"0":{"id":294605,"text":"In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status shall apply:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":294606,"text":"Death occurs when an individual is determined to be dead in accordance with the provisions of § 54.1-2972 or Chapter 23 (§ 64.2-2300 et seq.).","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":294607,"text":"A certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency, domestic or foreign, of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":294608,"text":"A certified or authenticated copy of any record or report purporting to be issued by a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status of the individual and of the dates, times, identities, circumstances, and places disclosed by the record or report.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":294609,"text":"In the absence of prima facie evidence of death under subdivision 2 or 3, the facts of death may be established by clear and convincing evidence, including circumstantial evidence.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":294610,"text":"In the absence of evidence disputing the time of death stated on a document described in subdivision 2 or 3, such a document that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":13990,"edition_id":1,"name":"Uniform Simultaneous Death Act","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12920,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":275731,"object_type":"structure","relational_id":13990,"identifier":"22","token":"64.2\/V\/22","url":"\/64.2\/V\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12920,"edition_id":1,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":275729,"object_type":"structure","relational_id":12920,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70873,"structure_id":13990,"section_number":"64.2-2200","catch_line":"Definitions","url":"\/64.2-2200\/","token":"64.2\/V\/22\/64.2-2200","metadata":false},{"id":70440,"structure_id":13990,"section_number":"64.2-2201","catch_line":"Requirement of survival by 120 hours for statutory rights","url":"\/64.2-2201\/","token":"64.2\/V\/22\/64.2-2201","metadata":false},{"id":74764,"structure_id":13990,"section_number":"64.2-2202","catch_line":"Requirement of survival by 120 hours under donative dispositions in governing instruments","url":"\/64.2-2202\/","token":"64.2\/V\/22\/64.2-2202","metadata":false},{"id":65643,"structure_id":13990,"section_number":"64.2-2203","catch_line":"Co-owners with right of survivorship; requirement of survival by 120 hours","url":"\/64.2-2203\/","token":"64.2\/V\/22\/64.2-2203","metadata":false},{"id":82199,"structure_id":13990,"section_number":"64.2-2204","catch_line":"Evidence of death or status","url":"\/64.2-2204\/","token":"64.2\/V\/22\/64.2-2204","metadata":false},{"id":55065,"structure_id":13990,"section_number":"64.2-2205","catch_line":"Exceptions","url":"\/64.2-2205\/","token":"64.2\/V\/22\/64.2-2205","metadata":false},{"id":71864,"structure_id":13990,"section_number":"64.2-2206","catch_line":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","url":"\/64.2-2206\/","token":"64.2\/V\/22\/64.2-2206","metadata":false},{"id":71433,"structure_id":13990,"section_number":"64.2-2207","catch_line":"Uniformity of application and construction","url":"\/64.2-2207\/","token":"64.2\/V\/22\/64.2-2207","metadata":false},{"id":79933,"structure_id":13990,"section_number":"64.2-2208","catch_line":"Effective date","url":"\/64.2-2208\/","token":"64.2\/V\/22\/64.2-2208","metadata":false}],"previous_section":{"id":65643,"structure_id":13990,"section_number":"64.2-2203","catch_line":"Co-owners with right of survivorship; requirement of survival by 120 hours","url":"\/64.2-2203\/","token":"64.2\/V\/22\/64.2-2203","metadata":false},"next_section":{"id":55065,"structure_id":13990,"section_number":"64.2-2205","catch_line":"Exceptions","url":"\/64.2-2205\/","token":"64.2\/V\/22\/64.2-2205","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2204\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 475<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":59523,"section_number":"54.1-2972","catch_line":"When person deemed medically and legally dead; determination of death; nurses', licensed practical nurses', physician assistants', or advanced practice registered nurses' authority to pronounce death under certain circumstances","order_by":null,"url":"\/54.1-2972\/"},{"id":70894,"section_number":"64.2-2300","catch_line":"Presumption of death from absence or disappearance; when applicable","order_by":null,"url":"\/64.2-2300\/"}],"permalink":{"id":275749,"object_type":"law","relational_id":82199,"identifier":"64.2-2204","token":"64.2\/V\/22\/64.2-2204","url":"\/64.2-2204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2204\/","token":"64.2\/V\/22\/64.2-2204","dublin_core":{"Title":"Evidence of death or status","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to otherwise applicable rules of evidence<\/span>, the following rules relating to a determination of death and status shall apply:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Death occurs when an individual is determined to be dead in accordance with the provisions of § 54.1-2972<\/a> or Chapter 23 (§ 64.2-2300<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency, domestic or foreign, of the place where the death purportedly occurred is prima facie evidence<\/span> of the fact<\/span>, place, date, and time of death and the identity of the decedent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A certified or authenticated copy of any record or report purporting to be issued by a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence<\/span> of the status of the individual and of the dates, times, identities, circumstances, and places disclosed by the record or report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the absence of prima facie evidence of death under subdivision 2 or 3, the facts<\/span> of death may be established by clear and convincing evidence, including circumstantial evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In the absence of evidence disputing the time of death stated on a document described in subdivision 2 or 3, such a document that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE OF DEATH OR STATUS (\u00a7 64.2-2204)\n\nIn addition to otherwise applicable rules of evidence, the following rules\nrelating to a determination of death and status shall apply:\n\n1. Death occurs when an individual is determined to be dead in accordance with\nthe provisions of § 54.1-2972 or Chapter 23 (§ 64.2-2300 et seq.).\n\n2. A certified or authenticated copy of a death certificate purporting to be\nissued by a governmental official or agency, domestic or foreign, of the place\nwhere the death purportedly occurred is prima facie evidence of the fact, place,\ndate, and time of death and the identity of the decedent.\n\n3. A certified or authenticated copy of any record or report purporting to be\nissued by a governmental official or agency, domestic or foreign, that an\nindividual is missing, detained, dead, or alive is prima facie evidence of the\nstatus of the individual and of the dates, times, identities, circumstances, and\nplaces disclosed by the record or report.\n\n4. In the absence of prima facie evidence of death under subdivision 2 or 3, the\nfacts of death may be established by clear and convincing evidence, including\ncircumstantial evidence.\n\n5. In the absence of evidence disputing the time of death stated on a document\ndescribed in subdivision 2 or 3, such a document that states a time of death 120\nhours or more after the time of death of another individual, however the time of\ndeath of the other individual is determined, establishes by clear and convincing\nevidence that the individual survived the other individual by 120 hours.\n\nHISTORY: 1994, c. 475, \u00a7 64.1-104.5; 2012, c. 614.","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}}