{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2206.html"}],"law_id":71864,"edition_id":1,"section_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","history":"1994, c. 475, \u00a7 64.1-104.7; 2012, c. 614.","full_text":"A\n\nA payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary’s apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this chapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this chapter.\n\t\t\tWritten notice of a claimed lack of entitlement shall be mailed to the main office or home of the payor or other third party, or to the registered agent of either, by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as process in a civil action. Upon receipt of the written notice of a claimed lack of entitlement, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates as provided in § 64.2-443 or 64.2-502. The court shall hold the funds or item of property and, upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.B\n\nA person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit, nor liable under this chapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this chapter, is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this chapter.\n\t\t\tIf this chapter or any part of this chapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted.","order_by":null,"text":{"0":{"id":258918,"text":"A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary’s apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this chapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this chapter.\n\t\t\tWritten notice of a claimed lack of entitlement shall be mailed to the main office or home of the payor or other third party, or to the registered agent of either, by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as process in a civil action. Upon receipt of the written notice of a claimed lack of entitlement, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates as provided in § 64.2-443 or 64.2-502. The court shall hold the funds or item of property and, upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258919,"text":"A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit, nor liable under this chapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this chapter, is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this chapter.\n\t\t\tIf this chapter or any part of this chapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2206\/","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":71870,"section_number":"64.2-443","catch_line":"Jurisdiction of probate of wills","order_by":null,"url":"\/64.2-443\/"},{"id":78326,"section_number":"64.2-502","catch_line":"Grant of administration of intestate estate","order_by":null,"url":"\/64.2-502\/"}],"permalink":{"id":275757,"object_type":"law","relational_id":71864,"identifier":"64.2-2206","token":"64.2\/V\/22\/64.2-2206","url":"\/64.2-2206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2206\/","token":"64.2\/V\/22\/64.2-2206","dublin_core":{"Title":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A payor<\/span> or other third party<\/span> is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument<\/span> who, under this chapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary’s apparent entitlement under the terms of the governing instrument<\/span>, before the payor<\/span> or other third party<\/span> received written notice of a claimed lack of entitlement under this chapter. A payor<\/span> or other third party<\/span> is liable for a payment made or other action taken after the payor<\/span> or other third party<\/span> received written notice of a claimed lack of entitlement under this chapter.\n\t\t\tWritten notice of a claimed lack of entitlement shall be mailed to the main office or home of the payor<\/span> or other third party<\/span>, or to the registered agent of either, by registered or certified mail, return receipt requested, or served upon the payor<\/span> or other third party<\/span> in the same manner as process in a civil action<\/span>. Upon receipt of the written notice of a claimed lack of entitlement, a payor<\/span> or other third party<\/span> may pay any amount owed or transfer or deposit any item of property held by it to or with the court<\/span> having jurisdiction<\/span> of the probate proceedings relating to the decedent’s estate, or if no proceedings have been commenced, to or with the court<\/span> having jurisdiction<\/span> of probate proceedings relating to decedents’ estates as provided in § 64.2-443<\/a> or 64.2-502<\/a>. The court<\/span> shall hold the funds or item of property and, upon its determination under this chapter, shall order<\/span> disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court<\/span> discharge the payor<\/span> or other third party<\/span> from all claims for the value<\/span> of amounts paid to or items of property transferred to or deposited with the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person who purchases property for value<\/span> and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit, nor liable under this chapter for the amount of the payment or the value<\/span> of the item of property or benefit. But a person who, not for value<\/span>, receives a payment, item of property, or any other benefit to which the person is not entitled under this chapter, is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value<\/span> of the item of property or benefit, to the person who is entitled to it under this chapter.\n\t\t\tIf this chapter or any part of this chapter is preempted by federal law<\/span> with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value<\/span>, receives the payment, item of property, or any other benefit to which the person is not entitled is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value<\/span> of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTION OF PAYORS, BONA FIDE PURCHASERS, AND OTHER THIRD PARTIES; PERSONAL\nLIABILITY OF RECIPIENT (\u00a7 64.2-2206)\n\nA. A payor or other third party is not liable for having made a payment or\ntransferred an item of property or any other benefit to a beneficiary designated\nin a governing instrument who, under this chapter, is not entitled to the\npayment or item of property, or for having taken any other action in good faith\nreliance on the beneficiary’s apparent entitlement under the terms of the\ngoverning instrument, before the payor or other third party received written\nnotice of a claimed lack of entitlement under this chapter. A payor or other\nthird party is liable for a payment made or other action taken after the payor\nor other third party received written notice of a claimed lack of entitlement\nunder this chapter.\n\t\t\tWritten notice of a claimed lack of entitlement shall be mailed to the main\noffice or home of the payor or other third party, or to the registered agent of\neither, by registered or certified mail, return receipt requested, or served\nupon the payor or other third party in the same manner as process in a civil\naction. Upon receipt of the written notice of a claimed lack of entitlement, a\npayor or other third party may pay any amount owed or transfer or deposit any\nitem of property held by it to or with the court having jurisdiction of the\nprobate proceedings relating to the decedent’s estate, or if no\nproceedings have been commenced, to or with the court having jurisdiction of\nprobate proceedings relating to decedents’ estates as provided in §\n64.2-443 or 64.2-502. The court shall hold the funds or item of property and,\nupon its determination under this chapter, shall order disbursement in\naccordance with the determination. Payments, transfers, or deposits made to or\nwith the court discharge the payor or other third party from all claims for the\nvalue of amounts paid to or items of property transferred to or deposited with\nthe court.\n\nB. A person who purchases property for value and without notice, or who receives\na payment or other item of property in partial or full satisfaction of a legally\nenforceable obligation, is neither obligated under this chapter to return the\npayment, item of property, or benefit, nor liable under this chapter for the\namount of the payment or the value of the item of property or benefit. But a\nperson who, not for value, receives a payment, item of property, or any other\nbenefit to which the person is not entitled under this chapter, is obligated to\nreturn the payment, item of property, or benefit, or is personally liable for\nthe amount of the payment or the value of the item of property or benefit, to\nthe person who is entitled to it under this chapter.\n\t\t\tIf this chapter or any part of this chapter is preempted by federal law with\nrespect to a payment, an item of property, or any other benefit covered by this\nchapter, a person who, not for value, receives the payment, item of property, or\nany other benefit to which the person is not entitled is obligated to return the\npayment, item of property, or benefit, or is personally liable for the amount of\nthe payment or the value of the item of property or benefit, to the person who\nwould have been entitled to it were this chapter or part of this chapter not\npreempted.\n\nHISTORY: 1994, c. 475, \u00a7 64.1-104.7; 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}}